Is it a deed? Is it a contract? It s a matter of construction.
|
|
- Blake Malone
- 5 years ago
- Views:
Transcription
1 Prevention Partners NSW a gram of Prevention is worth a kilo of cure Is it a deed? Is it a contract? It s a matter of construction. Monica Kelly, B Comm, LLB, MALP Copyright owner Prevention Partners NSW ABN
2 DEED Contract AGREEMENT Memorandum of Understanding
3 Key factors The document means what it says. Whole agreement clauses are designed to exclude discussions, s, diary notes. If it quacks like a duck and swims like a duck It s all about construction. Call a spade a spade.
4 Agreement
5 Agreements Various definitions depending upon context: We have reached agreement either intended or not intended to be legally binding; either written, verbal or a combination of both; either for consideration or not. A meeting of the minds following offer and acceptance Agreement to agree: Coal Cliffs Collieries Pty Ltd v Sijehama Pty Ltd (1991) NSWLR 1
6 Coal Cliffs Collieries Pty Ltd v Sijehama Pty Ltd CCC and Sijehama, & ors, executed a heads of agreement, which provided that the parties would contract in good faith in the future to mine coal. No final agreement resulted and negotiations terminated. Sijehama alleged that CCC breached the heads of agreement and successfully claimed damages of $1.2 mil in first instance.
7 Coal Cliffs Collieries Pty Ltd v Sijehama Pty Ltd The Court of Appeal found that an agreement to agree is mostly too uncertain. Law is not settled. In good faith : duties of honesty, any fiduciary duty that may be present, and avoidance of deceptive and misleading conduct, but good faith? Caution: direct negotiations are to be generally avoided.
8 Memorandum of Understanding
9 Memorandum of Understanding Memorandums of Understanding (MoU) are often used between government bodies to outline the scope of the relationship between parties. Two councils agreeing to build a bridge across a creek common to them both. Can be either legally binding or not. Usually not for valuable consideration.
10 Contracts
11 Contract What is a contract? Offer, (negotiation) and acceptance Agreement: Woollahra Municipal Council v Secure Parking Pty Ltd [2015] NSWSC 257 Clarity. Consideration. Can be written or verbal, or a combination of both.
12 Process Contract A process contract is separate from the tender contract. A process contract comes about when council informs the tenderers of the guidelines that will be used to assess the tenders: Hughes Aircraft Systems International Inc v Airservices Australia (1997) 76 FCR 151
13 Process Contract The purpose of a process contract is to ensure the integrity of the bidding system : R v Ron Engineering & Construction (Eastern) Ltd [1981] SCR 111 at 273. Yet, process contracts are not automatic, but dependant upon a consideration of the circumstances and the obligations expressly or impliedly accepted : Pratt Contractors Ltd v Palmerston Nth City Council 1 NZLR 469 at [478 9].
14 Process Contract We have encountered some council tender documents which attempt to exclude process contracts through the drafting of specific clauses. The court would likely read down such clauses and hold that a process contract was created regardless: Cubic Transportation Systems Inc v NSW [2002] NSWSC 656.
15 Deeds
16 Deed A deed is treated by the courts differently to other contractual documents. Deeds must be signed, sealed and delivered. Now, delivery is vital, while common law has blurred the necessity of signing and sealing. However, a deed can be delivered conditionally upon some future event.
17 Deed A deed can be delivered without ever leaving the hands of the deed-making party. A guarantor was held to have delivered a deed by faxing it and retaining the original: Segboer v A J Richardson Properties Pty Ltd [2012] NSWCA 253 Legislation removes the necessity of sealing except in Tas and NT.
18 Deed A deed must be expressed as a deed or expressed to be sealed. Common types of deeds: Deed of release, eg settlement of damages/compensation; Deed of separation, eg after marriage; Deed poll, eg to change a person s name.
19 Deed Moral of the story don t use a deed unless you MUST.
20 Tone
21 Tone Corporate tone of the organisation? Documents aimed at the reader? Say what you mean: Southern Cross Assurance Co Ltd v Australian Provincial Assurance Association (1935) 53 CLR 618 Examples: two (2)
22 Tone Use charts, tables, diagrams? Plain English. Use active voice. Use consistent language: Eureka Funds Management Ltd v Freehills Services Pty Ltd [2008] VCA 156
23 Tone scale; Plain English Foundation Tone Informal Friendly Formal, yet friendly Official Officialese Legalistic Text Got your note and liked it. Thanks for your note. I ve read it with interest. Thank you for your letter and for the comments you make in it. I have received your letter and noted the matters you raise. Receipt is acknowledged of your recent communication, whose contents have been noted. Acknowledgment is hereby made of your communication (herein the letter ) by the undersigned who has apprehended its matter. 19 th Century Your esteemed communication to hand of the fourth ultimo; contents of same have been duly noted. Biblical I recieveth unto me thy epistle, and its wisdom escapeth me not
24 Summary Avoid deeds, unless necessary Clarity is vital Consider the tone of your documents Call Prevention Partners NSW for assistance
25 Prevention Partners NSW a gram of Prevention is worth a kilo of cure Monica Kelly, B Comm, LLB, MALP Principal Monica.kelly@preventionpartnersnsw.com Liability limited by a scheme approved under Professional Standards Legislation
Australia. Mike Hales. MinterEllison Perth. Law firm bio
Australia Mike Hales MinterEllison Perth mike.hales@minterellison.com Law firm bio Co-Chair, IBA Litigation Committee and Conference Quality Officer 1. What are the current challenges to enforcement of
More informationNote Deed Poll. Dated 22 August 2013
Note Deed Poll Dated 22 August 2013 in relation to the A$5,000,000,000 Debt Issuance Programme of Anglo American plc and Anglo American Capital plc ( Issuers ) King & Wood Mallesons Level 61 Governor Phillip
More informationFor personal use only
Driver Australia Master Trust VWFS Australia Security Deed Dated 23 June 2016 Volkswagen Financial Services Australia Pty Limited (ABN 20 097 071 460 ( VWFS Australia Perpetual Corporate Trust Limited
More informationFURTHER ASSURANCES BOILERPLATE CLAUSE
FURTHER ASSURANCES BOILERPLATE CLAUSE Need to know A further assurances clause evidences the agreement of the contracting parties to do everything necessary to complete the transactions contemplated by
More informationProjects Disputes in Australia: Recent Cases
WHITE PAPER June 2017 Projects Disputes in Australia: Recent Cases The High Court of Australia and courts in other Australian States have recently ruled on matters of significant importance to the country
More information2010 RTL-THA Agreement
2010 RTL-THA Agreement Rio Tinto Limited and Tinto Holdings Australia Pty Limited Allens Arthur Robinson 530 Collins Street Melbourne 3000 Australia Tel 61 3 9614 1011 Fax 61 3 9614 4661 Copyright Allens
More informationDEED POLL AIRSIDE VEHICLE INDEMNITY AND RELEASE
DEED POLL AIRSIDE VEHICLE INDEMNITY AND RELEASE GIVEN BY:. Name of User and ABN if applicable IN FAVOR OF: Darwin International Airport Pty Ltd (ACN 081 258 157) Table of Contents i 1. DEFINITIONS..1 2
More informationThe Brown Act and Contracts: How It Applies and When Is A Contract A Contract
1 The Brown Act and Contracts: How It Applies and When Is A Contract A Contract CASBO Workshop Series April 15, 2017 Presented by: Patrick Gunn Joshie Cox Bill McGuire Presentation Objectives Agenda The
More informationNote Deed Poll. Dated 19 December 2014
Dated in relation to the A$15,000,000,000 Medium Term Note Programme of Lloyds Bank plc and Lloyds Banking Group plc (each an Issuer, and together the Issuers ) The Notes have not been and will not be
More informationGenuine and good faith negotiations
December 2009 In this issue... Genuine and good faith negotiations 001 Dualcorp revisited 006 The important right to suspend the works under the Security Of Payment Act 006 Home Building changes to home
More informationDEED POLL. Deed Poll by the party described in item 1 of Schedule 1 (Applicant), dated the date specified in item 2 of Schedule 1.
Attachment B Acceptance, release and indemnity poll DEED POLL Deed Poll by the party described in item 1 of Schedule 1 (Applicant), dated the date specified in item 2 of Schedule 1. In favour of: THE AUSTRALIAN
More informationDeed I do...if signed and delivered: 400 George Street (Qld) Pty Limited v BG International Limited
Bond Law Review Volume 25 Issue 1 Article 6 2013 Deed I do...if signed and delivered: 400 George Street (Qld) Pty Limited v BG International Limited Reece Allen Project Legal, Brisbane, rallen@projectlegal.com.au
More informationMEMORANDUM OF UNDERSTANDING BETWEEN (JAINAM HEALTH SERVICES LTD) AND DENTAL SERVICE PROVIDER
MEMORANDUM OF UNDERSTANDING BETWEEN (JAINAM HEALTH SERVICES LTD) AND DENTAL SERVICE PROVIDER This Memorandum of Understanding (MOU) is made on between JAINAM HEALTH SERVICES LTD, a Company incorporated
More informationONLINE TRADING AGREEMENT
ONLINE TRADING AGREEMENT TERMS AND CONDITIONS Phillip Capital Limited ABN 14 002 918 247 AFSL 246827 Phillip Capital Trading Pty Ltd ABN 68 066 066 911 AFSL 246796 Together known as PhillipCapital CLIENT
More informationROYAL BANK OF CANADA. Global Covered Bond Programme SUPPLEMENTAL AGENCY AGREEMENT. 7 August 2013
Execution Version ROYAL BANK OF CANADA Global Covered Bond Programme SUPPLEMENTAL AGENCY AGREEMENT 7 August 2013 (supplemental to the Amended and Restated Agency Agreement dated as of July 25, 2013) DOCSTOR:
More informationFor personal use only
RESOURCE GENERATION LIMITED ACN 059 950 337 NOTICE OF ANNUAL GENERAL MEETING TIME: 10.00am (Brisbane time) DATE: Wednesday 23 November 2016 PLACE: Minter Ellison, Level 22, Waterfront Place, 1 Eagle Street,
More informationTender Document PROVISION OF SECURITY SERVICES IN HEAD OFFICE OF PUNJAB THERMAL POWER (PVT) LIMITED. Punjab Thermal Power (Pvt) Ltd ( PTPL )
Tender Document PROVISION OF SECURITY SERVICES IN HEAD OFFICE OF PUNJAB THERMAL POWER (PVT) LIMITED Punjab Thermal Power (Pvt) Ltd ( PTPL ) Tel: +92-42-35750936-7, Fax: +92-42-35750939 Punjab Thermal Power
More informationDIGITAL ECONOMY STRATEGY
DIGITAL ECONOMY STRATEGY RESPONSE TO CONSULTATION PAPER Click here to enter a date. November 2017 Public CONTENTS Introduction 3 Make digital signatures easier 3 Make digital finance easier 5 Privacy regime
More informationCounterparts boilerplate clause
Investing in Infrastructure International Best Practice in Project and Construction Agreements January 2016 Counterparts boilerplate clause www.pwc.com.au Need to know This clause permits the execution
More informationVOTING AND SUPPORT AGREEMENT. (the Agreement ) Re: Business Combination between ianthus Capital Holdings, Inc. and MPX Bioceutical Corporation
VOTING AND SUPPORT AGREEMENT (the Agreement ) October 18, 2018 (the Effective Date ) Dear Securityholder: Re: Business Combination between ianthus Capital Holdings, Inc. and MPX Bioceutical Corporation
More informationThe Implied Duty of Good Faith in Australian Contract Law
Page 1 of 9 Print Page Close Window The Implied Duty of Good Faith in Australian Contract Law THE IMPLIED DUTY OF GOOD FAITH IN AUSTRALIAN CONTRACT LAW by ROBERT McDOUGALL 1 Introduction Although discussion
More informationElectricity Retail Licence. NewRet Pty Ltd
Electricity Retail Licence NewRet Pty Ltd ERL23, Version 1, 24 March 2015 Electricity Industry Act 2004 (WA) Retail Licence Licensee Name: NewRet Pty Ltd ABN: 27 603 402 400 Licensee Address: GPO Box 909
More informationState Reporting Bureau
Jaco3} ^sc37 State Reporting Bureau Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not
More informationCITY OF RICHMOND PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That place of business is located at CITY OF RICHMOND PERFORMANCE BOND, the Contractor ( Principal ) whose principal and ( Surety ) whose address for delivery of Notices
More informationMEMORANDUM OF UNDERSTANDING BETWEEN (JAINAM HEALTH SERVICES LTD) AND SPECIALIST DOCTOR
MEMORANDUM OF UNDERSTANDING BETWEEN (JAINAM HEALTH SERVICES LTD) AND SPECIALIST DOCTOR This Memorandum of Understanding (MOU) is made on between JAINAM HEALTH SERVICES.LTD, a Company incorporated under
More informationSpecial Provisions. Special Instructions to Bidders. Instructions to Bidders. General Conditions
Contract No.: FORM OF TENDER We, the undersigned Contractor(s) have carefully examined the attached documents as herein listed and forming part of this tender. DOCUMENTS INCLUDED IN CONTRACT Special Provisions
More informationTHE CONTRACT FORMATION PROCESS THE PRESENTER INTRODUCTION TOPICS CONTRACT LAW: ESSENTIAL SKILLS FOR NON-LAWYERS HYATT HOTEL CANBERRA 18 JUNE 2014
THE CONTRACT FORMATION PROCESS CONTRACT LAW: ESSENTIAL SKILLS FOR NON-LAWYERS HYATT HOTEL CANBERRA 18 JUNE 2014 THE PRESENTER Sean King is a Director at Proximity, a leading provider of legal and procurement
More informationELIZABETH BAY DEVELOPMENTS PTY LTD V BORAL BUILDING SERVICES PTY LTD
Page 1 1 of 1 DOCUMENT: New South Wales Law Reports/36 NSWLR/ELIZABETH BAY DEVELOPMENTS PTY LTD V BORAL BUILDING SERVICES PTY LTD - (1995) 36 NSWLR 709-28 March 1995 ELIZABETH BAY DEVELOPMENTS PTY LTD
More informationReasonableness and withholding consent to an assignment of contractual rights
Investing in Infrastructure International Best Legal Practice in Project and Construction Agreements January 2016 Damian McNair Partner, Legal M: +61 421 899 231 E: damian.mcnair@au.pwc.com Reasonableness
More informationAddisons Contractual Interpretation Series. Best Endeavours
Addisons Contractual Interpretation Series Best Endeavours This is one of a series of articles in which we review the judicial interpretation of some words and phrases that are commonly used in contracts.
More informationSUPPLEMENTAL AGENCY AGREEMENT. 4 December (supplemental to the Amended and Restated Agency Agreement. dated 24 September 2013)
EXECUTION VERSION SUPPLEMENTAL AGENCY AGREEMENT 4 December 2014 (supplemental to the Amended and Restated Agency Agreement dated 24 September 2013) THE BANK OF NOVA SCOTIA Issue of Australian Dollar Denominated
More informationScope of Work. In general, the Contractor should be familiar with all current conditions and circumstances which may affect the work progress.
Annex - 1 Scope of Work The Contractor shall visit the designated sites to be familiar with the condition of the work areas, the structures; it is the bidders responsibility to acknowledge the site conditions
More informationFor personal use only
AJ Lucas Group Limited ABN 12 060 309 104 Notice of Annual General Meeting and Explanatory Statement Notice is given that the Annual General Meeting (AGM) of the Company is to be held as set out below.
More informationCOMMERCIAL CREDIT APPLICATION LEGAL NAME: DATE OF BIRTH: SIN #: CORPORATION/LTD/LLC SOCIETY COOPERATIVE PROPRIETORSHIP PARTNERSHIP OTHER
COMMERCIAL CREDIT APPLICATION APPLICANT (the Applicant ) LEGAL NAME: DATE OF BIRTH: SIN #: TYPE OF BUSINESS ORGANIZATION: CORPORATION/LTD/LLC SOCIETY COOPERATIVE PROPRIETORSHIP PARTNERSHIP OTHER MAILING
More informationUPDATE 148 OCTOBER 2016 PROPERTY LAW AND PRACTICE QUEENSLAND. W Duncan & R Vann. Editors: W Duncan & A Wallace
UPDATE 148 OCTOBER 2016 PROPERTY LAW AND PRACTICE QUEENSLAND W Duncan & R Vann Editors: W Duncan & A Wallace Material Code 41907055 Print Post Approved PP255003/00335 Thomson Reuters (Professional) Australia
More informationDesign and Construct Contract - Standard User Funding Agreement
QCA Draft 8 September 2014 Aurizon Network Pty Ltd [insert Trustee] Design and Construct Contract - Standard User Funding Agreement (amended form of AS 4902-2000) Ref: QRPA15047 9101397 11391098/5 L\313599357.2
More informationFINANCIAL PLANNING ASSOCIATION OF AUSTRALIA LIMITED ABN and. xxx DEED OF ACCESS AND INDEMNITY
Deed of Access and Indemnity FINANCIAL PLANNING ASSOCIATION OF AUSTRALIA LIMITED ABN 62 054 174 453 and xxx DEED OF ACCESS AND INDEMNITY THIS DEED is made on the day of BETWEEN FINANCIAL PLANNING ASSOCIATION
More informationR.W. Craig Department of Civil and Building Engineering, Loughborough University, UK
GOOD FAITH OR FAIR DEALING IN CONSTRUCTION PROCUREMENT Fair dealing in construction procurement R.W. Craig Department of Civil and Building Engineering, Loughborough University, UK Abstract Commonwealth
More informationAttached is the notice for the Hampton Hill Mining NL Annual General Meeting.
Second Floor, 9 Havelock Street West Perth WA 6005 Postal Address: PO Box 689, West Perth WA 6872 ABN 60 060 628 524 Telephone: (618) 9481 8444 Facsimile: (618) 9481 8445 15 October 2009 Company Announcements
More informationAdjudication Application (South Australia) Made under the Building and Construction Industry Security of Payment Act 2009 (SA)
Adjudication Application (South Australia) Made under the Building and Construction Industry Security of Payment Act 2009 (SA) Please complete all details of this application where applicable Application
More informationFor personal use only
Driver Australia Master Trust Issuer Security Deed Dated June 2016 Perpetual Corporate Trust Limited (ABN 99 000 341 533) ( Issuer ) Perpetual Nominees Limited (ABN 37 000 733 700) ( Trust Manager ) P.T.
More informationEVIDENCE LAW SUMMARY 2010
SUMMARY 2010 LAWSKOOL PTY LTD CONTENTS THE NATURE OF EVIDENCE AND PRELIMINARY ISSUES 7 SOURCE OF EVIDENCE LAW AND APPLICATION 7 Criminal versus civil proceedings 7 General structure of the Evidence Act
More informationAre claims for breach of the implied warranties in domestic building contracts apportionable claims? An overview of the positions in NSW, VIC and QLD
Are claims for breach of the implied warranties in domestic building contracts apportionable claims? An overview of the positions in NSW, VIC and QLD Authors: Reena Dandan, Jordan Farr, Thomas Byrne &
More informationCITY OF HOPKINSVILLE
CITY OF HOPKINSVILLE Office of the Procurement Specialist 715 South Virginia Street P. O. Box 707 Hopkinsville, Kentucky 42241-0707 TITLE: WINDOW TINT TREATMENT FILM FOR CITY OF HOPKINSVILLE POLICE HEADQUARTERS
More informationRisk Management: Practical ways to manage risks of prior representations
Risk Management: Practical ways to manage risks of prior representations Panel Members 1. Steve Latham, Partner, MinterEllison (MC) 2. Douglas Campbell QC, Barrister 3. Tamra Seaton, Director, MDS Legal
More informationTRADE PRACTICES TRADE PRACTICES ACT TRUMPS CONTRACTUAL RIGHTS
TRADE PRACTICES TRADE PRACTICES ACT TRUMPS CONTRACTUAL RIGHTS Pamela Jack, Partner Minter Ellison, Sydney Whilst we are well aware of the strength and influence of the Trade Practices Act 1974 (Cth) (TPA),
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: AMCI (IO) Pty Ltd v Aquila Steel Pty Ltd [2009] QSC 139 PARTIES: AMCI (IO) PTY LTD ACN 123 253 485 (applicant) v AQUILA STEEL PTY LTD ACN 097 803 063 (respondent)
More informationNOTICE OF ANNUAL GENERAL MEETING and EXPLANATORY STATEMENT
Bounty Mining Limited ABN 19 107 411 067 Suite 301, Level 3 66 Hunter Street, Sydney NSW 2000 T. +(612) 8002 1226 F (+612) 8188 0626 www.bounty.com.au NOTICE OF ANNUAL GENERAL MEETING and EXPLANATORY STATEMENT
More informationPROJECT ADDENDUM # TO AGREEMENT FOR THE DESIGN SERVICES FOR THE FOUR-YEAR ARCHITECT/ENGINEER SELECTION FROM MAY 1, 2015, THROUGH APRIL 30, 2019.
Project: Campus: Project No: Name of Architect or Engineering Firm: Individual A/E Firm Contact: Address: PROJECT ADDENDUM # TO AGREEMENT FOR THE DESIGN SERVICES FOR THE FOUR-YEAR ARCHITECT/ENGINEER SELECTION
More informationRECENT DEVELOPMENTS IN EMPLOYMENT DISPUTES: EMPHASISING THE LAW OF CONTRACT. Tom Brennan 1. Barrister, 13 Wentworth Chambers
RECENT DEVELOPMENTS IN EMPLOYMENT DISPUTES: EMPHASISING THE LAW OF CONTRACT Tom Brennan 1 Barrister, 13 Wentworth Chambers Australian law has shifted from regulating the employer/employee relationship
More informationICON DRILLING PURCHASE ORDER TERMS & CONDITIONS
ICON DRILLING ABN 75 067 226 484 PURCHASE ORDER TERMS & CONDITIONS Acceptance of this offer is subject to the terms and conditions of this Agreement. Acceptance of materials, work or services, payment
More informationElements. In order to be enforceable, an agreement must be sufficiently certain. The requirement that a contract be certain has three aspects:
PART VII CERTAINTY I THE CERTAINTY REQUIREMENT A Elements In order to be enforceable, an agreement must be sufficiently certain. The requirement that a contract be certain has three aspects: 1 The contract
More informationCHOICE OF LAW (GOVERNING LAW) BOILERPLATE CLAUSE
CHOICE OF LAW (GOVERNING LAW) BOILERPLATE CLAUSE Need to know A choice of law clause (or governing law clause) enables contracting parties to nominate the law which applies to govern their contract. The
More informationNORTH EASTERN ELECTRICITY SUPPLY COMPANY OF ORISSA LIMITED OFFICE OF THE CHIEF EXECUTIVE OFFICER
NORTH EASTERN ELECTRICITY SUPPLY COMPANY OF ORISSA LIMITED OFFICE OF THE CHIEF EXECUTIVE OFFICER Corporate Office: Januganj, Balasore 756019, Orissa, Fax No.-06782-263259 Regd. Office: Plot No. N-1/22,
More informationDeed poll. Federation Limited ACN (FL)
Deed poll Federation Limited ACN 114 757 783 (FL) 62 Charlotte St Brisbane Q 4000 GPO Box 1279 Brisbane Q 4001 T +61 7 3831 8999 F +61 7 3831 1121 www.mcmahonclarke.com Liability limited by a scheme approved
More informationREMOTE SIGNINGS UNDER AUSTRALIAN LAW. Bruce Whittaker Partner, Ashurst
REMOTE SIGNINGS UNDER AUSTRALIAN LAW Bruce Whittaker Partner, Ashurst PART A THE BACKGROUND TO THIS PAPER 1. INTRODUCTION As the more mature members of the BFSLA will recall, signing ceremonies for financing
More informationCOUNTY OF OSWEGO PURCHASING DEPARTMENT
COUNTY OF OSWEGO PURCHASING DEPARTMENT County Office Building 46 East Bridge Street Oswego, NY 13126 315-349-8234 Fax 315-349-8308 www.oswegocounty.com Daniel Stevens, Purchasing Director May 18, 2017
More informationSpark & Cannon s Terms of Sale Agreement
ABN 37 007 916 056 ACN 007 916 056 www.sparkandcannon.com.au 1300 502 819 Spark & Cannon s Terms of Sale Agreement 1. Definitions Account Holder means You, provided you have completed a Credit Application
More informationWA Gas Retail Market Agreement
WA Gas Retail Market Agreement Table of contents 1. Interpretation... 4 2. Term... 5 3. Termination... 5 4. Nature and purpose... 6 5. New Participants... 6 6. Registration... 7 7. Exit provisions... 8
More informationRECENT DEVELOPMENTS CONCERNING THE LIABILITY OF BUILDING PROFESSIONALS IN NSW
RECENT DEVELOPMENTS CONCERNING THE LIABILITY OF BUILDING PROFESSIONALS IN NSW Paper given by Brian Walton to the Annual Conference of the Australian Institute of Building Surveyors 21 22 July 2014 Introduction
More informationMutual Indemnity and Hold Harmless Deed
Mutual Indemnity and Hold Harmless Deed THIS DEED is made the...day of... 20... WHEREAS A. Each of the Signatories may perform Services. B. The Signatories wish to enter into this Deed to create between
More informationState Agreements and the Regulation of Water Resources
State Agreements and the Regulation of Water Resources Natalie Brown LLB (Hons 1) University of Western Australia PhD Candidate This research is funded by The National Centre for Groundwater Research and
More informationCONSENTS AND APPROVALS BOILERPLATE CLAUSE
CONSENTS AND APPROVALS BOILERPLATE CLAUSE Need to know A consents and approvals clause establishes the process and manner by which a party may give or withhold consent or approval under a contract. If
More informationCENTURION TECHNOLOGY SUPPORT SERVICES ck2004/016350/23 SHOP 6 CENTURION AUTOCITY 1030 LENCHEN AVE. NORTH CENTURION. Credit Application
CENTURION TECHNOLOGY SUPPORT SERVICES ck2004/016350/23 SHOP 6 CENTURION AUTOCITY 1030 LENCHEN AVE. NORTH CENTURION Credit Application Registered Company Name: Trading Name: Registration Number: Registration
More informationFor personal use only
Notice of Annual General Meeting The Reject Shop Limited ABN 33 006 122 676 The Annual General Meeting ( AGM ) of The Reject Shop Limited will be held at Bridge Room No.1, Crowne Plaza, 1-5 Spencer Street,
More informationBusiness Law - Contract Law Study Notes
Business Law - Contract Law Study Notes Comprehensive unit study notes as per Victoria University. 1 Table of Contents Note topic Content page Full semester notes 3-49 How to write IRAC 50-51 response
More informationMWC19 Barcelona Speaker Video Footage - Terms of Use
MWC19 Barcelona Speaker Video Footage - Terms of Use These Terms were last updated on 11 February 2019 and supersede any previous terms and conditions Acceptance of the Terms of Use These terms of use
More informationSTATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS ASSURANCE OF VOLUNTARY COMPLIANCE
STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS IN THE MATTER OF CVS Pharmacy, Inc. Case No. L07-3-1011 / ASSURANCE OF VOLUNTARY COMPLIANCE The Office of the Attorney General,
More informationTender Security Form
Tender Security Form TENDER SECURITY FORM Whereas.. (hereinafter called the Tenderer ) has submitted its Tender dated.. for the supply of.. (hereinafter called the Tender ).... KNOW BY ALL MEN by these
More informationMANAGED PRINT SERVICES
www.trikon.com.au MANAGED PRINT SERVICES TRIKON PTY LTD info@trikon.com.au Ph 1300 880 687 2A, 6 Boundary Road, Northmead, NSW 2152 V-6630663:1 TABLE OF CONTENTS 1. About this Agreement... 3 2. Agreement
More informationSTANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES FROM PREMIER PRODUCE SCOTLAND LTD.
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES FROM PREMIER PRODUCE SCOTLAND LTD. Table of Contents 1. DEFINITIONS... 1 2. GENERAL... 1 3. PRICE AND PAYMENT... 2 4. SPECIFICATION OF THE
More informationLIST COMMERCIAL COURT S Cl 2011 IN THE MATTER OF THE WILLMOTT FORESTS PROJECT ARSN
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL AND EQUITY DIVISION LIST COMMERCIAL COURT S Cl 2011 IN THE MATTER OF THE WILLMOTT FORESTS 1995-1999 PROJECT ARSN 089 598 612 BETWEEN WILLMOTT FORESTS
More informationYour local fuel people
Application for Commercial Credit Checklist GUIDE TO COMPLETION OF THE COMMERCIAL TRADE AGREEMENT Processing of this Application for Commercial Credit cannot be completed until the requested information
More informationDeed poll. Federation Limited ACN (FL)
Deed poll Federation Limited ACN 114 757 783 (FL) 62 Charlotte St Brisbane Q 4000 GPO Box 1279 Brisbane Q 4001 T +61 7 3831 8999 F +61 7 3831 1121 www.mcmahonclarke.com Liability limited by a scheme approved
More informationOver 50s Life Cover Proposal and Declaration of Trust for Life Policy
Over 50s Life Cover Proposal and Declaration of Trust for Life Policy Flexible Trust It is important that you have sought professional advice before completing this trust deed. Date and Declaration of
More informationWILLIAMS GROUP AUSTRALIA V CROCKER AND THE (NON)BINDING NATURE OF ELECTRONIC SIGNATURES JACK SKILBECK* INTRODUCTION
WILLIAMS GROUP AUSTRALIA V CROCKER AND THE (NON)BINDING NATURE OF ELECTRONIC SIGNATURES JACK SKILBECK* I INTRODUCTION Commercial parties rely on the law to provide certainty in their contractual dealings.
More informationThis NET METERING CLASS 1 INTERCONNECTION AGREEMENT made as of the day of, 20, effective as of the day of, 20 ( Effective Date ).
This NET METERING CLASS 1 INTERCONNECTION AGREEMENT made as of the day of, 20, effective as of the day of, 20 ( Effective Date. BETWEEN: (the Customer -and- NOVA SCOTIA POWER INCORPORATED, a body corporate
More informationCREDIT APPLICATION - 7 DAYS FROM INVOICE
CREDIT APPLICATION - 7 DAYS FROM INVOICE 1. Trading Name: 2. Postal : 3. Delivery : 4. Phone Number: Fax Number: 5. This business is: Registered Company ( ) Sole Trader ( ) Partnership ( ) Other ( ) Registered
More informationNOTIFICATION OF ADDENDUM ADDENDUM NO. 2 DATED 11/05/2018
NOTIFICATION OF ADDENDUM ADDENDUM NO. 2 DATED 11/05/2018 Control 6325-60-001 Project RMC - 632560001 Highway IH0035 County TRAVIS Ladies/Gentlemen: Attached please find an addendum on the above captioned
More informationGUARANTEE AND INDEMNITY
GUARANTEE AND INDEMNITY THIS DEED OF GUARANTEE AND INDEMNITY is given on the date set out in Item 1 of the Schedule BY THE PERSONS named and described in Item 2 of the Schedule (the s ) IN FAVOUR OF: The
More informationABN NOTICE OF ANNUAL GENERAL MEETING
ABN 87 125 419 730 NOTICE OF ANNUAL GENERAL MEETING TIME: 10:00am (WST) DATE: 30 May 2018 PLACE: The offices of Steinepreis Paganin Level 4, 16 Milligan Street Perth WA 6000 Australia This Notice of Meeting
More informationPETREL ENERGY LIMITED ACN (Company) Notice of Annual General Meeting
PETREL ENERGY LIMITED ACN 125 394 667 (Company) Notice of Annual General Meeting The Annual General Meeting of Shareholders of Petrel Energy Limited will be held at BDO, Level 11, 1 Margaret Street, Sydney
More informationCANADIAN COUNCIL OF MINISTERS OF THE ENVIRONMENT INC. (CCME)
CANADIAN COUNCIL OF MINISTERS OF THE ENVIRONMENT INC. (CCME) PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT made in duplicate as of the xx th day of Month, 2016; BETWEEN: Name of Contractor Address City,
More informationScheme Implementation Deed
` Scheme Implementation Deed Boart Longyear Limited ACN 123 052 728 Boart Longyear Incorporated Number: BC1175337 In relation to the re-domiciliation of Boart Longyear Limited 249351531.11 CONTENTS CLAUSE
More informationMEMORANDUM OF UNDERSTANDING MD 410 KIPLINGER PROPERTY PARCEL 1INSTALLATION AND MAINTENANCE OF PEDESTRIAN LIGHTING. by and between
MEMORANDUM OF UNDERSTANDING MD 410 KIPLINGER PROPERTY PARCEL 1INSTALLATION AND MAINTENANCE OF PEDESTRIAN LIGHTING by and between MARYLAND DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ADMINISTRATION and THE
More informationAppendix ICA Appendix (Mandatory Industrial Cooperation) in respect to Tender/Contract No.
Appendix ICA Appendix (Mandatory Industrial Cooperation) in respect to Tender/Contract No. 1. A Foreign Supplier is required to fulfill industrial cooperation as defined in the Israeli Mandatory Bidding
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: PARTIES: Gladstone & District Leagues Club Ltd v Hutson & Ors [2007] QSC 010 GLADSTONE & DISTRICT LEAGUES CLUB LIMITED ACN 010 187 961 (applicant) v ROBERT HUTSON
More informationLicence Agreement for use of the Tennis Logo
Licence Agreement for use of the Tennis Logo Between TENNIS AUSTRALIA LIMITED (ABN 61 006 281 125) of Melbourne Park, Batman Avenue, Melbourne, Victoria, Australia trading as Tennis Australia. ( TA ) and
More informationPhotovoltaic Inverter Network Connection Agreement
Photovoltaic Inverter Network Connection Agreement Power and Water Corporation (PWC) ABN: 15 947 352 360 / / (Day/Month/Year) Customer: Customer s ABN: (Commercial Customers Only) Note to customers 1.
More informationAnother Strahan case loss of legal professional privilege
EVIDENCE Another Strahan case loss of legal professional privilege JACKY CAMPBELL,JANUARY 2014 CCH LAW CHAT Jacky Campbell Forte Family Lawyers CCH Law Chat January 2014 Another Strahan case - Loss of
More informationBusiness Details. Contact Details. Director/Principal Details. Business Addresses. Trade References
APPLICATION FOR A 30 DAY CREDIT ACCOUNT Locked Bag 1500 Dandenong South VIC 3174 Australia P. 03 9215 2222 F. (03) 9215 2346 admin@pattersoncheney.com.au Business Details Business Business Numbers ABN
More informationWhen is a Tender not a Tender: A Tale of Two Non-Compliances
1200 Waterfront Centre 200 Burrard Street, P.O. Box 48600 Vancouver, B.C., Canada V7X 1T2 tel: (604) 687-5744 fax: (604) 687-1415 When is a Tender not a Tender: A Tale of Two Non-Compliances In 1981, the
More informationNOTICE OF ANNUAL GENERAL MEETING
Location FLAGSHIP INVESTMENTS LIMITED ABN 99 080 135 913 NOTICE OF ANNUAL GENERAL MEETING Notice is hereby given that the 2017 Annual General Meeting of FLAGSHIP INVESTMENTS LIMITED ( the Company ) will
More informationNOTICE OF ANNUAL GENERAL MEETING
NOTICE OF ANNUAL GENERAL MEETING to be held at 11am on 28 November 2014 at Christie Corporate Level 4, 100 Walker Street North Sydney NSW 2060 Shareholders who have elected not to receive a printed copy
More informationINTERGOVERNMENTAL AGREEMENT
INTERGOVERNMENTAL AGREEMENT City of Ashland Ashland Municipal Airport 2011 Statewide Airport Pavement Maintenance Program Using Non-Primary Entitlement Funds for Local Match The parties to this Agreement
More informationFor personal use only
17 January 2017 Dear Shareholder Notice of Annual General Meeting Notice is hereby given that the Annual General Meeting of Heemskirk Consolidated Limited, (the Company) will be held at the Business Centre,
More informationFIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
Exhibit 10.40 Execution Version FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT This FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this Amendment ), is entered into as of December
More informationBretts Trade timber & hardware Application for 30 day trading account
Privacy Statement 1. This privacy statement encompasses consents, notifications and disclosures under or in relation to the Privacy Act 1988 (as amended by the Privacy Amendment (Enhancing Privacy Protection)
More informationSCHEME ADMINISTRATOR'S DEED POLL relating to a proposed Scheme of Arrangement
DATED 2015 [NAME OF PROPOSED SCHEME ADMINISTRATOR] - and - GREAT SOUTHERN MANAGERS AUSTRALIA LIMITED (IN LIQUIDATION) (ACN 083 825 405) and its Scheme Creditors SCHEME ADMINISTRATOR'S DEED POLL relating
More informationOSWEGO COUNTY PURCHASING DEPARTMENT. Purchasing Director Purchasing Clerk Purchasing Clerk
OSWEGO COUNTY PURCHASING DEPARTMENT County Office Building 46 East Bridge Street Oswego, NY 13126 Phone (315) 349-8307 Fax (315) 349-8308 dstevens@oswegocounty.com Daniel Stevens Tamara Allen Purchasing
More information