Restraints of Trade and Their Enforcement: A Legal Guide for Employers and Employees
The landscape of restraint of trade law in Australia is experiencing significant scrutiny and potential reform. With 46.9% of Australian businesses including some type of restraint clause in their employment contracts, understanding the current legal framework and emerging changes is crucial for legal practitioners and businesses alike. Current Legal Framework In Australia, the general rule […]
The Costs of Refusing a Reasonable Settlement: Lessons from EL-BAYEH v EL-BAYEH (NO 2)
Family provision claims often place executors in a difficult position: they must defend the estate while potentially facing personal costs consequences if they unreasonably reject settlement offers. A recent NSW Supreme Court decision, EL-BAYEH v EL-BAYEH (NO 2) [2025] NSWSC 1177, provides important guidance on when refusing a settlement offer can result in indemnity costs […]
Estate Planning Update – Vested vs Contingent Interests in Wills: Key Lessons from Goodman v Bryant
Goodman v Bryant [2025] NSWSC 1240 The recent decision in Goodman v Bryant delivers crucial guidance for estate planning practitioners and beneficiaries on the distinction between vested and contingent interests in wills. This Supreme Court of NSW case demonstrates how careful will construction can determine whether a beneficiary has an immediate legal entitlement or merely […]
No Positive Obligation: NSW Court of Appeal Clarifies Builder Rectification Rights in Building Defects Cases
Ceerose Pty Ltd v Owners — Strata Plan No 89074 [2025] NSWCA 235 November 2025 Executive Summary In a significant decision for the building and construction industry, the NSW Court of Appeal has definitively ruled that owners corporations and property owners have no positive obligation to provide builders with opportunities to rectify building defects. The […]
Equitable Accounting and Co-Ownership Rights
Parkas v Shankar [2025] NSWSC 1140 (BC202515437) Abstract The New South Wales Supreme Court decision in Parkas v Shankar represents a significant contribution to the jurisprudence surrounding co-ownership of real property and the equitable principles governing contribution claims. This case provides important clarification on the rights of co-owners to recover expenditures for improvements and repairs, […]
NSW Supreme Court Strikes Down $63.4M Disruption Claim in Major Infrastructure Case
Key Takeaway: No Room for Creative Contract Interpretation When Language is Clear In a decisive judgment delivered on 4 September 2025, the NSW Supreme Court’s CPB Contractors Pty Ltd v Transport for NSW [2025] NSWSC 1005 serves as a crucial reminder for construction professionals about the limits of contract interpretation. Hammerschlag CJ struck out CPB’s […]
Division 296 Superannuation Tax: Critical Changes You Need to Understand
Major Changes Announced – 13 October 2025 UPDATE: On 13 October 2025, the government announced significant amendments to the Better Targeted Superannuation Concessions (BTSC) measure in response to stakeholder feedback. These changes fundamentally address the most serious concerns raised by the superannuation industry, particularly regarding the taxation of unrealised gains. The proposed Division 296 legislation […]
Repair, Reinstatement and Indemnity: Navigating Commercial Lease Obligations After Fire Damage
The recent NSW Supreme Court decision in 167 Prospect Highway Pty Ltd v Polyaire Pty Ltd [2025] NSWSC 1144 provides crucial guidance on the scope of tenant obligations following catastrophic damage to leased premises. The case carefully examines the distinction between repair obligations, reinstatement covenants, and indemnity provisions, demonstrating how seemingly overlapping clauses can create […]
Can You Get Out of a Business Loan by Claiming Fraud?
Corporate Lending Dispute: NSW Supreme Court Reinforces Protection for Lenders Under Corporations Act Overview In a recent decision, the New South Wales Supreme Court provided important guidance on the protection afforded to lenders when dealing with companies, reinforcing that parties can rely on statutory assumptions under the Corporations Act unless they have actual knowledge of […]
Landlord’s Consent to Assignment: NSW Supreme Court Sets Clear Boundaries on Unreasonable Refusal
Recent decision clarifies when landlords overstep in blocking lease assignments A recent New South Wales Supreme Court decision has provided important guidance for commercial tenants seeking to assign their leases, finding that landlords cannot use the consent process to extract collateral advantages or impose unreasonable conditions beyond the lease terms. The Case: Exceed Education v […]