Szabo & Associates News & Updates

It is not unusual in commercial disputes for one party to argue, because they have a right of set-off that they are not liable to pay all or part of a claim made by the other party. Set-off is a common law right allowing commercial parties which have debts owing to each other to set them off.

A commercial lease is a contract between a landlord and a business for the purpose of renting a property owned by the landlord. Many businesses choose to enter a commercial lease from where they can operate their business rather than buying because there is not the same requirement for capital to invest. As with any contract, a commercial lease comes with a range of responsibilities on the part of both parties.

Section 4.31 of NSW’s Environmental Planning and Assessment Act (1979) provides a Council (and others) with the power to commence proceedings to review the issue of a Complying Development Certificate (CDC). The illustrated case is the first time that the NSW Land and Environment Court used its power under s4.31 in declaring that the CDC that had been issued was invalid.

Following recent blogs on areas where Will disputes can arise, in this blog we consider two more areas that have the potential for disputes over Wills and estates the reasons for which may not be immediately obvious: these are the forfeiture rule and revocation of a grant of Probate.

Relocating with children after a separation is both a common but also contentious issue in family law. For parents who share a child’s care, freedom to relocate can be restricted if it impacts negatively on the ability of the other parent to spend time with the child and is not considered as being in the child’s best interests as illustrated in this recent case.