Category: Commercial Litigation
At ABKJ, we have seen commercial disputes take many forms over the years, including between parties at the same company, such as partnership or shareholder disputes, or those that you have commercial dealings with such as contract disputes, body corporate or mortgage disputes. Our solicitors are experienced with resolving a wide range of Commercial Litigation cases.
Below we have included articles discussing recent cases and their outcomes in relation to this area of law.
It is quite common for us to be consulted regarding disputes involving defamation in a body corporate context. The ingredients for conflict that are present in community title schemes – strangers living together in close proximity, the sharing of facilities, members of the body corporate having different priorities in respect of the management of the body corporate, competition for committee positions, and so on – coupled with the ease of communication facilitated by email and social media, create an environment conducive to the publishing of insulting, and even defamatory, comments. Many people may be of the view that defamation is… Continue Reading
Airbnb Insurance: Are You Covered? Just last month, a fatal accident at an Airbnb on the Sunshine Coast called into question the liability of Airbnb hosts in the context of emergency situations involving guests. On the basis that listing a property with Airbnb effectively classifies the property as a business, there are a variety of regulatory, insurance and workplace health and safety factors that should be taken into consideration by hosts and consumers alike. Insurance Standard home insurance packages do not accommodate for commercial businesses and the unique risks and liabilities that attach to them. Hosts relying on their home… Continue Reading
From Saturday 12 November 2016, unfair contract term protections will extend to ‘small businesses’ under a new law. The new law established under the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) aims to protect small businesses with contracts that contain unfair terms entered into or renewed on or after 12 November 2016, or terms of existing contracts that are varied on or after this date. Why do I need to know this? If you have a ‘small business’, the new regime will apply to your contracts that contain unfair terms (and are found to be… Continue Reading
The conduct of court litigation to achieve effective outcomes for a client is an art born out of experience and a proper understanding of the limitations of the court process. Any seasoned litigator will be able to relate tales of “winning the unwinnable” case and losing what was believed to be the “unloseable case” because of the unpredictable manner in which such disputes can unfold. Some of the factors contributing to the inherent uncertainty in litigation can be: The ability of a client to perform well in the witness box and convey their evidence to the court in a clear and… Continue Reading
