Servcorp consents to court orders that contract terms with small business unfair
Written by Victor Hamit

Australian Competition and Consumer Commission v Servcorp Limited [2018] FCA 1044 determined that Servcorp Limited (“Servcorp”) and its subsidiaries had caused contracts with small business to be entered into which contained unfair terms. This was an action commenced by the Australian Competition and Consumer Commission (“ACCC”) against Servcorp and some of its subsidiaries. Servcorp is […]

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Member Disputes – Consider Mediation!
Written by Victor Hamit

Wolfe v Sydney Bush Walkers Inc [2018] NSWSC 1032 (4 July 2018) is another example of a protracted dispute between members. It appears that passions can be elevated in these circumstances that are not necessarily evident in commercial disputes. The Supreme Court of New South Wales, in its opening paragraph of the decision in this […]

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Disciplinary Rules must have express power to suspend or expel
Written by Victor Hamit

Snow v Consumer Association of South Australia Inc. [2018] SADC 49 provides some interesting observations in the need for procedural fairness (also referred to as natural justice) in disciplinary procedures against members of Not-for-profit (“NFP”) Associations. This case was a decision of the South Australian District Court delivered in May 2018 resulting from an appeal […]

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To bind or not to bind? Enforceable “Offer to Purchase”
Written by Victor Hamit

In our article in February 2018, To bind or not to bind? Immediately enforceable agreement to lease?, we noted that the Supreme Court of Victoria in Casdar Pty Ltd v Fanous [2017] VSC 616 (20 October 2017) has confirmed that merely calling an agreement a “Heads of Agreement” and having it signed does not automatically […]

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To bind or not to bind? Immediately enforceable Agreement to Lease
Written by Victor Hamit

The Supreme Court of Victoria in Casdar Pty Ltd v Fanous [2017] VSC 616 (20 October 2017) has confirmed that merely calling an agreement a “Heads of Agreement” and having it signed does not automatically bind the  parties immediately to a legally enforceable agreement. The same principles of determining whether an agreement is binding on […]

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Cruisin’ for a Bruisin’! Consumer’s Win in Flooded European River Cruise Case
Written by Victor Hamit

In the torrential rains and floods in Europe of 2013, many tourists were disappointed. However, in the New South Wales Supreme Court case of Moore v Scenic Tours Pty Limited (No.2) [2017] NSWSC 733, there was a resounding victory for tourist, Mr Moore. This was a group representative action (class action) alleging that Scenic Tours […]

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