The novel coronavirus / COVID-19 pandemic continues to cause mass disruption across the globe, with the extent of the damage yet to be understood. It has led to businesses examining their business models, cutting expenses and re-negotiating contractual relationships. It is hoped that, in this time, people and entities try to work together for general survival, rather than focussing on black letter law. However it is important to know how your contracts work, and your potential options. It is also important to prepare, commercially and legally, for the next black swan event.
A caveat is a notice recorded on a title to land to protect an interest that affects that title. The caveat forbids registration of any further interests that may affect the interest recorded in the caveat without the consent of the caveator (the person who lodges the caveat).
Amendments to the Privacy Act 1988 (Cth) (Act) will require the mandatory reporting of “Eligible Data Breaches”. The principal change to the Act is the introduction of mandatory notification requirements in the event of a data breach.
If you are the director of a company in Australia and no longer wish to be in that position, subject to the company’s constitution, you may resign at any time by giving written notice to the company . This resignation is unilateral and need not be accepted by the company to be effective .
Have you been involved in Court proceedings where the Court has ordered a person (“Debtor”) to pay you or your business more than $5,000? Has the Debtor failed to pay you despite being ordered by the Court to do so? If the answer to those questions is yes, you may be able to apply to the Court to make them bankrupt.
The recent High Court decision in Western Australian Planning Commission v Southregal Pty Ltd; Western Australian Planning Commission v Leith  HCA 7 has emphasised the importance for both landowners and purchasers to undertake their due diligence prior to the acquisition or sale of land.
For an enforceable contract to exist both parties to the contract must have “capacity”. This will generally depend on an objective legal test of capacity, rather than the subjective intention of the parties.