Litigation & Disputes

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Freezing Order to Preserve Assets Denied - Ramsden Lawyers
Professionally Maintain Your Family Trust or Risk Legal Proceedings 15.04.21 The recent case of Onza Industries Pty Ltd v Tingalpa Tyre & Mechanical Pty Ltd [2021] QSC 1 demonstrates the consequences of miscommunication when purchasing joint properties under a family trust. Further, Onza v Tingalpa displays the importance for families to properly and professionally maintain their family trusts in order to circumvent needless legal proceedings.

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Quantum Meruit: Roude v Helwani [2020] MSWCA 310 25.03.21 The recent decision of Roude v Helwani (‘Roude’) by the New South Wales Court of Appeal concerned a builder’s claim for payment on a quantum meruit basis and the requirements for establishing that cause of action, specifically whether the builder was required to lead evidence of the market rate for the work performed.

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Building Industry Fairness Act Part 1: Issuing a Payment Claim 11.03.21 This is the first article in our three-part series regarding the operations of the Building Industry Fairness (Security of Payment) Act 2017 (‘BIF Act’). The BIF Act was introduced primarily to simplify the procedure for recovering payments owing to contractors in the building and construction industry.

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Can my Employer Make the COVID-19 Vaccine Mandatory? 05.03.21 The COVID-19 Vaccine is here, and while the vaccine is not mandatory under Commonwealth or State Government policy, it is entirely possible that mandatory vaccines could become a requirement for employees in some circumstances.

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Freezing Order to Preserve Assets Denied - Ramsden Lawyers
Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance 25.02.21 The high-profile case of Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance established that not all exclusion clauses (in business interruption insurance policies) under the Biosecurity Act will apply to the losses suffered by business due to the COVID-19 directions and lockdowns.

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‘All Up’ Settlement Offer for ‘All Claims in the Proceeding’? – Think Again 18.02.21 The high-profile case of Wiggins Island Coal Export Terminal Pty Ltd v Civil Mining & Construction Pty Ltd established that when settling multiple claims in one proceeding, an ‘all up’ offer for ‘all claims in the proceeding’ will be ineffective. The case also highlighted when and when not a Calderbank offer will be effective.

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Cant v Mad Brothers Earthmoving 11.02.21 The recent Victoria Court of Appeal case of Cant v Mad Brothers Earthmoving gives a useful overview of how unfair preference claims are determined in instances where the payment involves a third-party payment.

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Estate administration process litigation series part 3 18.01.21 This is the third article in our three-part series addressing the common disputes that may arise in respect of a deceased estate. In this article series, the Ramsden Lawyers’ Litigation Team, takes you through the estate administration process, including the responsibilities delegated to the executor and the issues which may arise, enabling potential claims to be made.

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Google business reviews: Potential defamation payout 28.09.20 Harmful Google reviews are a common situation many businesses are faced with across all sectors, causing reputational damage. When a false review is posted, businesses will usually request that Google remove the review which often involves delay and may be ineffective. As a result of Google’s failure remove false reviews about a business, where reputational damage can be proven, there may be a potential claim in defamation.

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Freezing Order to Preserve Assets Denied - Ramsden Lawyers
Released from a contract: is COVID-19 an excuse? 28.08.20 Happy Lounge Pty Ltd v Choi & Lee Pty Ltd and Anor [2020] QDC 184 is an important decision highlighting the reluctance of the courts to recognise the COVID-19 pandemic as a valid ground for releasing parties from their contractual duties where awareness of its foreseeable effects can be established.

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Construction Contract Dispute: Knowledge equals liability 07.08.20 In Somerset Civil Pty Ltd v Sugarbag Road Pty Ltd the Court left open the possibility that a principal may be liable to pay their builder where it knows (or ought to have known) that the builder was unlicensed. This is despite unlicensed work being unlawful under the Queensland Building and Construction Commission Act 1991.

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 Media outlets confirmed as ‘publishers’ of Facebook comments 09.06.20 Case study: Media outlets 'publishers' of Facebook comments. The Voller decision has the potential to impact any business that administers a social media page.

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