PUBLICATIONS

Featured
A Review of Family Provisions published by the Supreme Court of NSW in 2023 by Greg George
A Review of Family Provisions published by the Supreme Court of NSW in 2023 by Greg George
A Review of Family Provisions published by the Supreme Court of NSW in 2022 by Greg George
A Review of Family Provisions published by the Supreme Court of NSW in 2022 by Greg George
unsplash-image-HJckKnwCXxQ.jpg
Privilege Questions In International Arbitration: The Position of In-House Counsel & Waiver of Privilege By Substance Disclosure by Philip Bambagiotti
unsplash-image-npxXWgQ33ZQ.jpg
Restraints of Trade by Greg George

A restraint of trade is a contract, or a covenant, in which “a party (the covenantor) agrees with any other party (the covenantee) to restrict his liberty in the future to carry on trade with other persons not parties to the contract in such a manner as he chooses.

Planes, Liens and International Interests: The Priority of Securities in Aircraft By Peter Horobin
Planes, Liens and International Interests: The Priority of Securities in Aircraft By Peter Horobin

Perth Airport’s effective seizure of Virgin Australia’s aircraft in Perth raises an interesting scenario should a priority dispute eventuate. Perth Airport is reported to have asserted liens over four planes as security for outstanding debts said to be owed by Virgin. Assuming Perth Airport is entitled to do so, what are the implications for not only the Administrators of Virgin, but other parties that may have an interest in those planes such as financiers and lessors? 

Recent Cases on IP Injunctions and Damages by Wen H. Wu
Recent Cases on IP Injunctions and Damages by Wen H. Wu

Wen Wu practises in intellectual property, including copyright, patents and trademarks. On 31 March 2020, Wen delivered a presentation to the University of NSW on recent cases on intellectual property injunctions and damages. Read more to view the full presentation.

COVID-19 and Force Majeure? – Not So Fast … By Philip Bambagiotti
COVID-19 and Force Majeure? – Not So Fast … By Philip Bambagiotti

The principle of ‘force majeure’ in connection with the COVID-19 pandemic.

It all seems so obvious, doesn’t it? But is it really?

What does the COVID-19 pandemic mean for force majeure?

Ipso Facto Insolvency Reforms and Managing Insolvency Risks in Contracts By Philip Bambagiotti
Ipso Facto Insolvency Reforms and Managing Insolvency Risks in Contracts By Philip Bambagiotti

Ipso Facto clauses can be found in most commercial contracts. They have a useful and important role in reducing the risk of the effects of insolvency. However, as of 1 July 2018, the amendments to the Corporations Act 2001 (CA) by the Treasury Laws Amendment (2017 Enterprise Incentives No 2) Act 2017, means that, as far as companies are concerned, ipso facto clauses have effectively been neutralised. Which gives rise to the question: what do we do now?

pexels-karolina-grabowska-7876188.jpg
The scope of a superannuation trustee’s obligations in dealing with and litigating member claims by Howard Insall SC
Making the Most of Marking Time: Managing Construction Disputes With the SCL Delay & Disruption Protocol By Philip Bambagiotti
Making the Most of Marking Time: Managing Construction Disputes With the SCL Delay & Disruption Protocol By Philip Bambagiotti

In October 2002, the Society of Construction Law in the UK published a statement, called the Delay & Disruption Protocol, which suggested both procedures to reduce, and ways to avoid, disputes emerging from delay and consequent associated costs (for delay, disruption, and for acceleration) which plague the construction industry.