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doctrine of frustration in Australian contract law

Doctrine of Frustration in Australian Contract Law: Lessons from Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd [2023] HCA 6

Introduction The COVID-19 pandemic created an unprecedented disruption across the commercial landscape, raising fundamental questions about the doctrine of frustration in Australian contract law. In particular, parties queried whether government-imposed restrictions could justify termination of a contract. In Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd [2023] HCA 6, the High Court of …

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trustees’ duty to consult under section 66H

Trustees’ Duty to Consult Under Section 66H: Recent Judicial Guidance

Trustees’ Duty to Consult Under Section 66H When Appointed Under Section 66G When the Supreme Court appoints statutory trustees for sale under section 66G of the Conveyancing Act 1919 (NSW) (“the Act”), those trustees assume the ordinary fiduciary duties of trustees toward the co-owner beneficiaries. One key obligation is the trustees’ duty to consult under …

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Understanding Copyright Law in Australia: Fair Dealing, Ownership and Protected Works

The Copyright Act 1968 (Cth) primarily governs copyright law in Australia and aligns with international Intellectual Property (IP) standards. The legislation grants creators exclusive rights to control the use of their original works and incorporates mechanisms that permit certain public uses. These balancing provisions—such as the fair dealing exceptions—ensure that copyright law does not stifle research, …

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hrental bond regulations NSW

Rental Bond Regulations NSW: Kyle Sandilands’ ZeroBonds Products Breach Tenancy Law

On 26 March 2025, the Supreme Court of New South Wales ruled on rental bond regulations in NSW in ZeroBonds Residential Pty Ltd v Commissioner for Fair Trading [2025] NSWSC 265.Brereton J considered sections 23 and 32 of the Residential Tenancies Act 2010 (NSW). In doing so, Brereton J determined whether two novel financial products—the “Bond Replacement Product” and …

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challenging foreign judgments in Australia

Out-of-Country, Out-of-Luck? Challenging Foreign Judgments in Australia

Introduction Challenging foreign judgments in Australia involves a formal process governed by the Foreign Judgments Act 1991 (Cth). If the debtor lives or holds assets in Australia, you must register the foreign judgment first. Enforcement cannot begin until registration occurs. Registration gives the foreign judgment domestic effect, allowing the creditor to recover the debt through …

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NSW workers-compensation reform 2025

NSW Workers-Compensation Reform 2025: Key Changes for Employers and Injured Workers

On 9 May 2025, the Minns Labor Government released its Exposure Draft Workers Compensation Legislation Amendment Bill 2025 as part of the broader NSW workers-compensation reform 2025, alongside the Industrial Relations Amendment Bill. These twin proposals represent the most comprehensive reform to NSW’s workers-compensation system in a century. The draft legislation has been referred to …

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Are Recipes Protected by Copyright in Australia? The Brooki Bakehouse Case

In April 2025, Australian food blogger Nagi Maehashi (RecipeTin Eats) publicly accused influencer and baker Brooke Bellamy (Brooki Bakehouse) of plagiarising several recipes in Bellamy’s debut cookbook Bake with Brooki. The core of the allegation? That Bellamy copied Maehashi’s recipes nearly word-for-word, including identical ingredients and instructions, particularly for a caramel slice and a baklava. …

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navigating legal resources

Pitfalls of your Perusal: Navigating Legal Resources

Introduction Navigating legal resources has never been easier with the expansion of the digital landscape and the growing diversity of information available within the legal industry. This abundance has empowered individuals to seek a better understanding of the justice system. However, when navigating legal resources independently, one must proceed with caution. Challenges around accuracy, relevance …

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intestate married and de facto

Big Love, Bigger Claims: When Intestacy Leaves Two Spouses at the Table

Understanding Intestacy in NSW When a person dies intestate in New South Wales—that is, without a valid will—the distribution of their estate is governed by the rules set out in the Succession Act 2006 (NSW). In most cases, the estate will pass to the closest surviving relatives in a legislated order of priority. However, complications can …

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property settlement after separation

Property Settlement After Separation: Your Legal Options

The end of a relationship—whether a marriage or a de facto partnership—brings not only emotional upheaval but also a raft of legal and financial challenges. One of the most significant is property settlement after separation. When assets are jointly owned, division can be complex. Assets acquired at different times may complicate matters, and personal and …

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