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In Kazacos v Shuangling International Development Pty Ltd [2016] NSWSC 1504 the Supreme Court found a term in a contract for the sale of land, in a lawsuit between a vendor and purchaser, described as being part of the deposit to in fact not be a deposit, and then went on to find it a penalty and in so doing made it void.

Taking a case to court can be a complicated, costly and time-consuming process. That’s why when it comes to civil disputes, it is often worth the effort to try and reach an agreement / settlement outside the courtroom since that is often the most efficient and economical solution. Yet there are times when a matter cannot be settled and moving forward with legal proceedings is the only option. So when you start the litigation process — either as the plaintiff or defendant — what can you expect?

As a commercial litigation law firm we know all too well that most disputes resolve by way of settlement. Usually, for such a settlement to occur there needs to be a well worded letter of demand (often followed by a Calderbank offer) typically coupled with actual legal proceedings. A fairly recent book called "Structured Negotiations" by Lainey Feingold challenges traditional assumptions about the need for legal proceedings to be filed and suggests there is another way that apparently has been successfully used for over 20 years.

Renting out a commercial property can be a smart and lucrative endeavor. Yet it is not without its risks as there may be times when a tenant fails to uphold the agreement in the lease. When this happens, you may consider your entitlement to terminate the lease and evict the tenant in order to regain control of your property and finances.

If your contractual arrangements have gone off the rails, then it is important to fully understand your rights and how to go about exercising them in accordance with the law.

The death of a loved one has you reeling with grief. Between the grief and funeral arrangements, you feel overwhelmed, and haven’t had time to think about things like the will, a life insurance claim, superannuation and other financial arrangements. But when you are finally review the will, you’re shocked.

You’ve done the work and everything was completed as required in your contract. Yet your invoices are ignored and your calls unanswered. So what can you do when a company you’ve done business with refuses to pay?

When accidents happen damage is suffered. But what happens when your property is damaged, and consequential losses occur because of someone else’s actions or negligence?

It’s a day like any other day. You are going about your business when it happens. There’s a knock on the door and when you open it, you are greeted by a mercantile agent serving you with a subpoena.

You have a genuine dispute. You were wronged by another party and would like to see justice done. Yet taking a case to trial can be an expensive proposition, one that is stressful and uncertain. Luckily, there are several options available with the most popular being mediation.