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In the recent case of Roude v Helwani  NSWCA 310, the Court of Appeal of New South Wales considered an appeal from a judgment of a Local Court of New South Wales Magistrate regarding a claim for reasonable remuneration for electrical and plumbing work performed (quantum meruit). This case illustrates the complexities that can arise regarding claims for payment, the importance of expert evidence in showing what is fair and reasonable remuneration, and the need for a correct strategy in making a claim.
By Devin Elliott, Law Graduate As of March 2020, the Victorian State Revenue Office will treat all discretionary trusts (including family discretionary trusts) as foreign trusts if the discretionary trust has any potential foreign beneficiary. Trustees of discretionary trusts intending to acquire residential property for the trust may inadvertently find themselves being required to pay…
By Alicia Hill, Principal and Harrison Breer, Law Clerk In the recent case of JAB Nominees (Aust) Pty Ltd v Auswild  VSC 731, the Supreme Court of Victoria considered whether, in filing and maintaining a proceeding against the Defendant Shareholders, the Third Party Directors of the corporation had engaged in oppressive conduct. Background After…
The unfair contract terms (UCT) regime can be found in the Competition and Consumer Act 2010 (CCA) and was originally brought in to protect consumers in circumstances where there is a large imbalance of power regarding the formulation of contracts. Since 2016 this protection has been extended to small businesses. The regime was slated for further expansion by the Federal Government’s Decision Regulation Impact Statement published on 9 November 2020 following substantial advocacy from the ACCC. It is not yet clear when these changes will be formalised, however the changes and potential impacts will be discussed in this article.