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This is the legal blog of Marc Testart, a member of the Victorian Bar.
Browsing All Posts filed under »Contract«
Koutsopoulos v Pintusen (No 2) [2011] NSWCA 122 – Election to Rescind Contract: A different approach to Victoria in Umbers v Kelson.
This decision of the NSW Court of Appeal regarding an election to rescind a contract for the sale of land highlights substantial differences in approach between the recent Court of Appeals of Victoria and NSW in respect of the interpretation of notices to rescind. In Koutsopoulos, the NSWCA found in favour of the purchaser because […]
The Australian Law of Restitution: Has the High Court Lost Its Way? By Andrew Burrows
June 11, 2011
For a comprehensive and readily understandable critique and explanation of the current law of restitution in Australia, I recommend starting with this article (found on the internet). Professor Burrows deals with the basics as well as a synopsis and commentary of the three most recent significant High Court Decisions:Roxborough v Rothmans of Pall Mall Ltd (2001) […]
Hearse v Staunton [2011] NSWCA 139: A warning to conveyancing solicitors: ‘amending’ a contract is not so simple.
June 9, 2011
A recent decision of the New South Wales Court of Appeal in Hearse v Staunton serves as a warning that contracts of sale of real estate cannot so simply be amended. The facts of the case are that a contract for sale for the property had initially been prepared showing the wife as the purchaser. […]
Overcoming Langford v Coleman: When can consent orders be set aside in Family Law proceedings?
May 15, 2011
If a party enters into consent orders which the party feels do not reflect the agreement of that party, can the orders be set aside? Can the party ‘get out of the orders?’ The general proposition appears to be ‘no’, unless: a) there has been miscarriage of justice under s79A of the Family Law Act […]
June 12, 2011
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