Oceania: Corporate/Commercial Law

In November 2009, the Federal Court of Australia (in Hine v New South Wales Land and Housing Corporation [2009] FCA 1242) considered whether or not a legal remedy was available for perceived injustices arising from a direction given by the Department of Housing (DOH) to its contractors, in circumstances where losses claimed were pure economic losses arising from dealings in a wholly commercial context.

On 21 April 2010 the High Court handed down its unanimous decision that damages are not available for the ‘loss of chance’ of a better medical outcome where the defendant’s negligence was merely a possible but less than a probable cause of the plaintiff’s damage.

In this case, the NSW Court of Appeal confirmed that the prima facie measure of damages where there are defects caused by a breach of a contractual obligation is the cost of rectification, provided the works to be carried out are both necessary under the contract and reasonable, affirming the principle espoused in Bellgrove v Eldridge.

This article outlines key funding aspects with a focus on ATO guidelines and common pitfalls.

Claimants are vulnerable in the absence of a binding contract (an executed written contract being the best evidence of that) before commencing services or supplying goods.

This article outlines the criteria that a court would consider when deciding whether to enforce an unsigned contract.

In this episode of the Herbert Smith Freehills Kramer 'Tax Bites' podcast, host Toby Eggleston alongside Professor Graham Cooper and fellow partner Ryan Leslie, explore the complexities...

The Early-Stage Venture Capital Limited Partnership (ESVCLP) regime was introduced in 2007 to stimulate the early-stage venture capital sector in Australia.

Key issues to consider when calculating the financial terms of your capital raise as a startup founder.

No two dealerships are alike… Each dealership operates under its own unique set of circumstances, and even those within the same franchise group can differ markedly in financial performance and business structure.

Franchisors to comply with their obligations under the Franchising Code to annually update their information on the Franchise Disclosure Register.

In recent years, a large number of international brands have expanded their business into Australia by using franchising as an expansion model.