Greg Carter, Commercial Litigation Lawyer | Legal

Greg Carter, Commercial Litigation Lawyer

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23.01.2022 What terms can be implied in a contract? https://www.gregcarter.com.au//what-terms-can-be-implied-/

23.01.2022 Real estate agents receive information from vendors which they may pass on to potential purchasers verbally and in writing (for example in online and printed marketing materials). In what circumstances can the agent be held liable if the information is misleading or deceptive, contrary to section 18 of the Australian Consumer Law, and the purchaser relies on the information to purchase the property? [ 565 more words ] https://www.gregcarter.com.au//when-can-real-estate-agent/

23.01.2022 http://www.gregcarter.com.au//high-court-credit-card-late/

21.01.2022 If you negotiate terms of agreement when will they be binding as an enforceable contract? https://www.gregcarter.com.au//when-will-negotiated-terms/

19.01.2022 Some contracts for the sale of land require payment of an additional ‘deposit’ amount, if the contract is terminated. The Victorian Supreme Court recently addressed this question: in what circumstances might an additional ‘deposit’ payment be unenforceable as a penalty? Background Land in Seddon, Victoria was sold for $3.5 million, and a deposit of $175,000 (5% of the purchase price) was paid within 14 days of signing. [ 1,022 more word ] https://www.gregcarter.com.au//is-a-further-deposit-payab/

19.01.2022 Building and construction contracts often require that before a contractor is paid, the contractor must give the principal a statutory declaration, to the effect that the contractor’s employees, sub-contractors and suppliers have been paid all moneys due and payable to them under the contract. In a recent case the Federal Court was required to consider whether a statutory declaration by a contractor, which falsely declared that all workers, subcontractors and suppliers had been paid, was misleading and deceptive under section 18 of the Australian Consumer Law. [ 1,102 more word ] http://www.gregcarter.com.au//can-a-statutory-declaration/

18.01.2022 Short-term loan facilities often come with horrendous rates of interest. The WA Supreme Court recently examined a short-term loan with an interest rate of 9.75% per annum during the term of the loan, which increased to 53% per annum upon default. The lender said its fee and interest rate structure during and after expiry of the loan was justified taking into account the high risks involved with the loan. [ 1,576 more word ] http://www.gregcarter.com.au//is-a-53-per-cent-per-annum-/

17.01.2022 Disputes often arise regarding whether an option to renew a lease has been validly exercised, when a landlord wishes to terminate a lease. It is then necessary to have regard to the terms of the lease, any other relevant documents and the particular facts and circumstances. But what legal principles are applied to resolve the dispute? Legal principles* 1. The test for determining whether a lessee has exercised an option to renew the term of the lease is whether the purported exercise clearly and unequivocally manifests an election to enter into a lease for the renewed term in accordance with the option. [ 321 more words ] http://www.gregcarter.com.au//how-to-validly-exercise-opt/

17.01.2022 If you're involved in a commercial dispute click this link for 15 key questions: https://www.gregcarter.com.au//15-key-questions-about-you/

16.01.2022 Sometimes a contract will impose a discretionary obligation on a party. In what circumstances will the Courts require such an obligation to be performed? In a recent NSW Supreme Court case the Court was required to examine a shareholders agreement which contained terms to the following effect: The board may request loans from the plaintiff (one of the 2 shareholders) for certain specified purposes and in certain circumstances. [ 414 more words ] https://www.gregcarter.com.au//when-will-discretion-to-pe/

15.01.2022 It is often the case that valuable management time is spent dealing with the consequences of a breach of contract and/or negligence by another party. Can management expenses involved with such time be recovered as damages? The NSW Court of Appeal recently examined this question, in the context of a contractual claim for damages for rectification costs incurred in respect of defective construction work. [ 595 more words ] http://www.gregcarter.com.au//can-damages-be-recovered-fo/

15.01.2022 In this recent High Court case the ANZ bank refused to pay performance bonds (also known as bank guarantees) it had issued at the request of a builder, in favour of a principal under a construction contract. The principal issued proceedings against ANZ. Facts The bonds were wrongly issued by ANZ in favour of the New South Wales Land & Housing Department, an entity which did not exist. [ 793 more words ] http://www.gregcarter.com.au//issuing-performance-bond-or/

10.01.2022 How can you terminate a contract? https://www.gregcarter.com.au//how-do-i-terminate-a-contr/

07.01.2022 In May 2016 the High Court held that advocates’ immunity does not apply to a lawyer who gives negligent advice which leads to settlement of litigation by agreement between the parties. (See my earlier case note: High Court on liability of lawyers for negligent advice concerning the settlement of litigation.) This case note concerns a recent High Court decision regarding whether advocates’ immunity applies where negligent advice is given not to settle litigation. [ 850 more words ] http://www.gregcarter.com.au//can-a-lawyer-be-held-liable/

07.01.2022 A dispute arose between the owner of land and a builder regarding the price for constructing a building on the land: the owner argued that the contract was a fixed price contract to do the work for $100,000 the builder argued that the contract was a do and charge contract under which the rates to be charged would be calculated at mates’ rates. [ 771 more words ] http://www.gregcarter.com.au/2017//11/mates-rates-contract/

06.01.2022 In this case the worst fear of any bank customer was realised being caught up in a bank robbery. The customer developed post-traumatic stress disorder and sued Westpac for allegedly breaching a duty to take reasonable care to protect him against a foreseeable risk of harm posed by the criminal behaviour of an armed robber on the bank’s premises. [ 1,083 more word ] http://www.gregcarter.com.au//bank-duty-of-care-customer-/

05.01.2022 Occasionally it is alleged that a contract is a sham. But what is a sham contract and how do the Courts deal with them? A recent NSW Supreme Court decision answers these questions: Facts Louise Cassar and her son Jake were registered as tenants in common in equal shares in land at Catherine Field in NSW (the Property). [ 732 more words ] https://www.gregcarter.com.au//01/17/what-is-a-sham-contr/

05.01.2022 What is the difference between a lawyer, barrister and solicitor? https://www.gregcarter.com.au//what-is-the-difference-bet/

05.01.2022 The answer is a startling yes, but in limited circumstances. In an extraordinary NSW Supreme Court case a son made substantial payments to his father to assist in meeting his father's mortgage repayments over the family home. Background facts The son (Daniel) gave evidence that from the time he was about 11 years of age he had numerous conversations with his father (Terry) during which Terry said: [ 755 more words ] http://www.gregcarter.com.au//mortgage-contributions-by-c/

04.01.2022 When will a verbal agreement be binding? https://www.gregcarter.com.au//when-will-a-verbal-agreeme/

03.01.2022 http://www.gregcarter.com.au//small-business-unfair-contr/

02.01.2022 Options are common in relation to the acquisition of land, new leases, shares, intellectual property rights and the grant of other property and contractual rights. However the exercise of an option can easily fail, as the following NSW Court of Appeal case demonstrates. Facts A deed granted an option to B to acquire land owned by A, provided B delivered two executed contracts for the sale of land which specified a completion date of 42 days on the front page of each contract. [ 494 more words ] https://www.gregcarter.com.au//when-is-an-option-validly-/

02.01.2022 Facts Ms Powlett owned a property in Daylesford, Victoria, where she rented a timber cottage as holiday accommodation. She decided to expand her business by contracting with Mr Weis and Mr Archibald to purchase, transport and install 2 relocatable houses. The houses never arrived, and Ms Powlett sued to recover a total amount of $130,950 she had paid to Weis and Archibald. [ 597 more words ] https://www.gregcarter.com.au//damages-for-distress-anxie/

02.01.2022 As this High Court case illustrates, athough it is common practice to amend a legal template, sometimes it is better to start from scratch. Facts The lessor and owner of certain land wished to sell it to the lessee. However the sale could not proceed due to town planning restrictions. Instead the parties decided to enter into a long-term 99 year lease, with the rent for the entire term ($70,000) being paid upon entry into the lease. [ 715 more words ] http://www.gregcarter.com.au//08/amending-a-legal-template/

02.01.2022 http://www.gregcarter.com.au//directors-personal-guarante/

01.01.2022 What is the commercial dispute resolution process in Court? https://www.gregcarter.com.au//commercial-dispute-resolut/

01.01.2022 It is not uncommon for a deadlock to arise in companies established with equal shareholders who are also directors. If not quickly resolved such deadlocks can cripple the management and operation of a company. This NSW Supreme Court case is an illustration of the power of a Court to make appropriate orders to resolve such a deadlock under section 232 of the [ 1,067 more word ] http://www.gregcarter.com.au/2017/05/23/oppressive-conduct/