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Signed But Not Sealed: Challenging the Incorporation of Terms and Conditions

Signed But Not Sealed: Challenging the Incorporation of Terms and Conditions

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Written by Madeleine Los In commercial disputes, one of the most common areas of contention is whether terms and conditions (T&Cs) form part of a contract. Often, when a dispute arises, customers find they are subjected to T&Cs they never explicitly agreed to...
Burst Water Mains, Overflowing Sewers and Stormwater Drains: Who’s Liable? Part Three – Gathering the Right Evidence

Burst Water Mains, Overflowing Sewers and Stormwater Drains: Who’s Liable? Part Three – Gathering the Right Evidence

by | | Uncategorized

Written by Diane-Maree Rauch In Part One and Part Two, we’ve explored the legal frameworks for water damage claims. To be successful in these claims it is necessary to identify appropriate evidence. It is often difficult to obtain this information. Some practical...
Burst Water Mains, Overflowing Sewers and Stormwater Drains: Who’s Liable? Part Two – NSW, QLD & WA

Burst Water Mains, Overflowing Sewers and Stormwater Drains: Who’s Liable? Part Two – NSW, QLD & WA

by | | Uncategorized

Written by Diane-Maree Rauch In Part One of this series we examined the Victorian legal framework under the Water Act 1989, which place the onus on Councils and Water Authorities to show they did not act unreasonably. In contrast, in other Australian jurisdictions –...
Three Years On – Has the Arsalan Decision Changed Credit Hire in Australia?

Three Years On – Has the Arsalan Decision Changed Credit Hire in Australia?

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Written by James Mulcahy In December 2021, the High Court delivered its judgment in what was the highest profile Australian litigation involving credit hire vehicles. In the months that followed the decision, litigants in various State-based lower Courts scrambled to...
Burst Water Mains, Overflowing Sewers and Stormwater Drains: Who’s Liable? Part One – Victoria

Burst Water Mains, Overflowing Sewers and Stormwater Drains: Who’s Liable? Part One – Victoria

by | | Uncategorized

Written by Diane-Maree Rauch When a water main bursts, or a blocked stormwater drain overflows, the resultant damage can be catastrophic – destroyed buildings, fixtures, fittings, furniture as well as ruined gardens and mud-filled pools. In addition to destroying...
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