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NSW Court of Appeal declares Strata pet blanket ban by-law to be “oppressive”!

19/10/2020

Property Law

NSW Court of Appeal declares Strata pet blanket ban by-law to be “oppressive”!

At what will hopefully be the end of a David v. Goliath battle, the NSW Court of Appeal has unanimously held that a Strata pet blanket ban by-law was ➲ “oppressive”! This judgment, as well as proposed legislative amendments (supported by the first-ever online e-petition in NSW Parliament's history), may finally signal victory for pet owners!

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COVID-19 Safe Solutions for witnessing Wills + other key documents in Australia

14/10/2020

Estate Planning

COVID-19 Safe Solutions for witnessing Wills + other key documents in Australia

Witnessing requirements for the creation of a valid Will in Australia as well as many legal documents across the board, have become a public health issue under COVID-19. It is generally not possible (on account of physical constraints) to have witnesses attest and sign a Will whilst observing social distancing. In this article we: ➲ Provide a warning about what could go wrong! ➲ Strongly recommend practical alternatives such as “Will through a window!” if witnesses can witness in a COVID-Safe manner, and ➲ Broadly outline the current Australian legislative response temporarily enabling remote AVL witnessing in some jurisdictions.

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Force Majeure Clauses & Frustration: Why the COVID-19 Pandemic is a Wake-Up Call

Force Majeure Clauses & Frustration: Why the COVID-19 Pandemic is a Wake-Up Call

How confident are you that your existing or contemplated contracts will be enforceable in light of unexpected events such as the COVID-19 pandemic? This article is a timely deep dive into the history and development of the common law precedents guiding interpretation and enforceability of force majeure clauses.

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