Guidance on how purchasers should exercise their cooling off rights: Tan v Russell [2016] VSC 93

A recent decision in the Supreme Court of Victoria has made it clear that real estate agents do not have authority to receive notices of termination when purchasers seek to exercise their cooling off rights, unless otherwise authorised to receive such notices. The facts The case concerned the purchase of a residential property in Melbourne … Read more

HWL Ebsworth acts on sale of Australian pastoral empire

HWL Ebsworth Lawyers is advising S Kidman & Co Limited, Australia‚Äôs largest private landholder, on the sale of the company to a consortium comprising Dakang Australia Holdings Pty Ltd (Dakang Australia) and ASX-listed Australian Rural Capital Ltd (ARC). The transaction is being led by Jamie Restas (National Head of Commercial team) out of the firm’s … Read more

15th Edition – National Insolvency & Reconstruction Quarterly Review

Welcome to the 15th Edition of our National Insolvency & Reconstruction Quarterly Review for the period 1 January 2016 – 31 March 2016. In this edition we explore the following topics: The continuing importance of remuneration proportionality and the relevance of control and complexity in assessing time-based remuneration – in the matter of Wine National … Read more

Consumer warranty claims – the truth about non-disclosure agreements

Recent press commentary has caused concern about the legality of confidentiality or non-disclosure agreements (“NDA”) between car manufacturers, distributors or dealers and their customers with respect to settlements of claims made by customers. It is alleged that customers are being gagged by the use of these NDA’s as a condition of obtaining remedies they are … Read more