When is a deal, a deal?

In BJP1 v Salesian Society (VIC) Inc [2021] NSWSC 241 Garling J considered the Masters v Cameron (1954) 91 CLR 353 categories of binding contracts, in the context of a settlement reached by the parties at a Court ordered mediation. 

Garling J considered whether the parties had in fact intended their agreement at the mediation to be immediately binding. In finding that the parties did intend to be immediately bound, Garling J considered the conduct of the parties before, at, and after the mediation. 

Elizabeth Steer appeared for the defendant, led by Stuart Lawrance and instructed by Makinson d'Apice Lawyers.

To cross-examine or not?

In Gooley v Gooley [2021] NSWSC 56 Sackar J considered the modern application of the test for testamentary capacity famously set out in Banks…

Bega Successful Again

On 13 November 2020 the High Court of Australia dismissed Kraft’s application for special leave to appeal against the judgment…

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