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    Electronic execution of documents restored under the Corporations Act 2001 (Cth)

    On 14 August 2021 the Treasury Laws Amendment (2021 Measures No. 1) Act 2021 (Cth) (Act) came into effect. The Act amended the Corporations Act 2001 (Cth) (Corporations Act) to essentially reimplement the changes made by Treasurer Josh Frydenberg last year in his Corporations (Coronavirus Economic Response) Determination (No. 1) 2020.

    The importance of clarity when drafting lease terms: Bebe Nanaki Ji CHC Pty Ltd v Sovereign Healthcare Pty Ltd

    The case of Bebe Nanaki Ji CHC Pty Ltd v Sovereign Healthcare Pty Ltd [2021] VCAT 330 (‘Bebe Nanaki v Sovereign Healthcare’) concerns a dispute between a tenant, Bebe Nanaki, and a landlord, Sovereign Healthcare, about the interpretation of a rental clause that would determine whether rent was payable by the tenant or not. This article reviews the process of interpretation used by the Tribunal, including the factors considered in determining the appropriate meanings of terms to explain why the Tribunal interpreted the term in favour of the landlord, triggering rent to be payable for roughly $180,000.

    Ambiguous and Vague contract terms? Determining parties to a contract: Bi v Wu [2021] VSC 447

    The case of Bi v Wu [2021] VSC 447 exemplifies a contract where the parties to the agreement are unclear and ambiguous. How do courts act in these circumstances when determination of the exact parties affects the award of damages?

    Reversal of decision in Commissioner of Taxation v Bosanac – over turning the presumption of advancement?

    The recent decision of Commissioner of Taxation v Bosanac (No. 7) [2021] FCA 249, whereby the Commissioner commenced proceedings to seek a declaration that the wife held 50% of the property on trust for her husband, without any evidence of intention, has been overturned by the Full Federal Court in Commissioner of Taxation v Bosanac [2021] FCAFC 158.