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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Can A Fellow Director Be Bullied? – The Fair Work Commission Says Yes!
Written by Victor Hamit

In the case Trevor Yawirki Adamson [2017] FWC 1976, the Fair Work Commission (“the Commission”) held that the anti-bullying provisions of the Fair Work Act 2009 (Cth) applied to a Director. Mr Adamson was the Chair of a Not-for-profit statutory corporation (“the NFP”) and alleged bullying, against him, by the Deputy Chair and General Manager. […]

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Directors’ Duties: Lessons from the past to guide future conduct for Directors – some practical tips for NFPs
Written by Victor Hamit

On 30 November 2017, we presented a webinar in partnership with Better Boards Australasia on “Directors’ Duties: Lessons from the past to guide future conduct for Directors – some practical tips for NFPs”. The objective of the webinar was:- “to gain a non-lawyers general understanding of a role of a Director in a modern incorporated […]

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