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Member Articles


Two Courts Jump in to Consider Obvious Risk

Contact: Rebecca Stevens and Allison Bailey; Carter Newell (Queensland, Australia) The Queensland Court of Appeal handed down its decision in the matter of State of Queensland v Kelly (1) in late February 2014 in a very ...

Liquidated Damages: A Sole Remedy for Delay?

Contact: Patrick Mead; Carter Newell (Queensland, Australia) In the first of the March 2014 editions of Constructive Notes, the writer observed that oftentimes exclusion of liability clauses and liability caps are mech ...

Excluding Consequential Loss – Do You Really Know What You Are Not Getting?

Contact: Mark Kenney; Carter Newell (Queensland, Australia) In an article in the first of the March 2014 editions of Constructive Notes, consideration was given to the operation of exclusory or limiting provisions direc ...

Be Careful of Warranties!

Contact: Tony Stumm; Carter Newell (Queensland, Australia) Introduction Almost all purchasers of assets expect to be given warranties by the vendors or sellers.  What happens if a given warranty doesn't measu ...

Regional Planning Interests - A New Layer of Approval for Queensland Resource Projects

Contact: James Plumb and Audine Bartlett; Carter Newell (Queensland, Australia) Since the implementation of the Strategic Cropping Act 2011 (Qld) (SCL Act), the Queensland Government has continued to monitor the concern ...

Out of Time – Transitional PPSA Provisions No Longer Provide Protection

Contact: Matt Couper, Mark Kenney and Laura Bergan; Carter Newell (Queensland, Australia) If you have previously been relying on the transitional provisions of the Personal Properties Securities Act 2009 (Cth) (PPSA) an ...

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