New South Wales Court of Appeal: April 2021

Reporting and analysis of the latest key judgments from the New South Wales Court of Appeal. By SIMON PHILIPS and VANESSA THOMAS

New South Wales Court of Appeal: March 2021

Reporting and analysis of the latest key judgments from the New South Wales Court of Appeal. By BRIDIE NOLAN and KYLIE DAY.

New South Wales Court of Appeal: February 2021

Reporting and analysis of the latest key judgments from the New South Wales Court of Appeal. By MARCEL FERNANDES and JAMES BRAITHWAITE.

Liquidator’s remuneration: good news for insolvency professionals

The Full Bench of the NSW Court of Appeal provided clear guidance on how a Court must determine a liquidator’s remuneration under the Corporations Act….

Electronic signatures: convenient but risky

The NSW Court of Appeal has found that an individual whose electronic signature appeared on a guarantee did not authorise the use of his signature,…

Pavlovic v Universal Music Australia binding clients in contract

Lawyers generally have authority to negotiate the terms of an agreement on behalf of their clients, but not to bind their clients to the agreement….

Contractual construction ambiguity abandoned (again)?

At present, the weight of recent authority in the NSW Court of Appeal (and the Full Federal Court) suggests that ambiguity is not necessary before the court…

Do I suggest an informal will? The Howe v Fischer appeal

The recent Court of Appeal judgment in Howe v Fischer provides new clarification regarding the obligation to provide advice on the creation of an “informal will”. By…

Forged payment directions cut lenders (and their solicitors) as deep as a forced mortgage

The Court of Appeal has unanimously rejected a lender’s attempts to enforce its mortgage in circumstances where a faxed payment direction sent to the lender’s…

The 10 commandments of costs assessment and review

The Court of Appeal’s recent decision in Wende v Howarth has redefined the principles applicable to the assessment of party/party costs. By CHRISTOPHER BEVAN.