Liquidated sum clauses are valid and enforceable under contract law; penalty clauses are not. A liquidated sum is a genuine estimate of the losses from a breach; a penalty frightens or deters a party from breach.
A court will construe a clause to be a penalty if:
It is extravagant or unconscionable.
It is greater than the money payable for a breach for failure to pay money.
A court will presume a clause to be a penalty if it is for a single lump sum payable in the occurrence of one or multiple events, some of which may only warrant minimal damages.
A court will presume a clause to be liquidated if the consequences of a breach are hard or impossible to estimate as it is probable that the pre-estimated damage was the true bargain between the parties.
The Tasmanian Government, who sought to construct a hydro-electric dam on the Franklin River, brought a constitutional challenge to the Commonwealth’s World Heritage Properties Conservation Act 1983 on various grounds including that the Commonwealth had no power to legislate on such a matter.
The challenge was unsuccessful. The court ruled that the Act was validly enacted under the Commonwealth’s external affairs power under s51 of the Constitution as it gave effect to their international treaty obligations under the Convention on the Protection of the World Cultural and Natural Heritage.
As a result of this decision, the construction of a hydro-electric dam in Tasmania’s Franklin River was blocked.
ON 1 JULY 2014, the Fair Work Commission launched an updated pro bono program in Melbourne. Unrepresented parties in unfair dismissal jurisdictional objection matters will be provided with a free session with a volunteer lawyer in the weeks before their hearing.
The Land and Environment Court of New South Wales was established on 1 September 1980. It’s purpose was to be a “one stop shop” for environmental, planning and land disputes which had previously been determined by a number of different courts.
The court hears matters relating to environmental, building, planning and development disputes in New South Wales.
The court has the exclusive jurisdiction to undertake merits review, judicial review, civil enforcement, criminal prosecution, criminal appeals and civil claims about planning, environmental, land, mining and other legislation.
The matters determined by the court fall into eight classes:
Class 1: Environmental, planning and protection appeals.
Class 2: Tree disputes and miscellaneous appeals.
Class 3: Valuation, compensation and Aboriginal land claim cases.
Class 4: Civil enforcement and judicial review of decisions under planning or environmental laws.
Class 5: Criminal proceedings for offences against planning or environmental laws.
Class 6 and 7: Criminal appeals against convictions and sentences for environmental offences by the Local Court.
LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.
We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.
If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.
Legal Helpdesk is at Bridgepoint Mosman near the Level 1 footbridge to Fitness First
Our mission is to promote better local access to good legal help.
Confidentiality and privacy is protected by law.
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SYDNEY, AUSTRALIA
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ALL AREAS OF LAW administrative law, advice, advocacy, animal law, arbitration, attorneys, aviation law, banking and finance, bankruptcy, barristers, business law, breach of duty of care, civil liability, civil litigation, commercial law, commercial leases, common law, communications law, company law, compensation, conciliation, consumer law, contract, conveyancing, copyright, corporate law, corporations law, costs, criminal law, criminal litigation, death and disability, debt recovery, defamation law, disability discrimination law, discrimination, dispute resolution, divorce, elder law, employment law, environmental law, equity, estate planning, ethics, family law, guardianship, harassment and workplace bullying, health law, human rights, immigration, industrial law, insolvency, intellectual property, labour law, land and environment court, land law, landlord and tenant, lawyer referral, lawyers, leases, licensing law, liquor law, litigation, local government, malpractice, media law, mediation, medical law, mortgages, motor vehicle law, negligence, occupational health and safety law, partnerships, planning law, powers of attorney, privacy law, pro bono, probate law, professional negligence, professional standards, property law, residential leases, revenue law, securities law, settlements, shipping law, social security, solicitors, sports law, succession, superannuation law, tax law, torts, total and permanent disablement, traffic law, transport law, wills, workplace law
LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.
We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.
If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.
Legal Helpdesk is at Bridgepoint Mosman near the Level 1 footbridge to Fitness First
Our mission is to promote better local access to good legal help.
Confidentiality and privacy is protected by law.
1300 00 2088
SYDNEY, AUSTRALIA
1300 00 2088
ALL AREAS OF LAW administrative law, advice, advocacy, animal law, arbitration, attorneys, aviation law, banking and finance, bankruptcy, barristers, business law, breach of duty of care, civil liability, civil litigation, commercial law, commercial leases, common law, communications law, company law, compensation, conciliation, consumer law, contract, conveyancing, copyright, corporate law, corporations law, costs, criminal law, criminal litigation, death and disability, debt recovery, defamation law, disability discrimination law, discrimination, dispute resolution, divorce, elder law, employment law, environmental law, equity, estate planning, ethics, family law, guardianship, harassment and workplace bullying, health law, human rights, immigration, industrial law, insolvency, intellectual property, labour law, land and environment court, land law, landlord and tenant, lawyer referral, lawyers, leases, licensing law, liquor law, litigation, local government, malpractice, media law, mediation, medical law, mortgages, motor vehicle law, negligence, occupational health and safety law, partnerships, planning law, powers of attorney, privacy law, pro bono, probate law, professional negligence, professional standards, property law, residential leases, revenue law, securities law, settlements, shipping law, social security, solicitors, sports law, succession, superannuation law, tax law, torts, total and permanent disablement, traffic law, transport law, wills, workplace law
LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.
We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.
If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.
Legal Helpdesk is at Bridgepoint Mosman near the Level 1 footbridge to Fitness First
Our mission is to promote better local access to good legal help.
Confidentiality and privacy is protected by law.
1300 00 2088
SYDNEY, AUSTRALIA
1300 00 2088
ALL AREAS OF LAW administrative law, advice, advocacy, animal law, arbitration, attorneys, aviation law, banking and finance, bankruptcy, barristers, business law, breach of duty of care, civil liability, civil litigation, commercial law, commercial leases, common law, communications law, company law, compensation, conciliation, consumer law, contract, conveyancing, copyright, corporate law, corporations law, costs, criminal law, criminal litigation, death and disability, debt recovery, defamation law, disability discrimination law, discrimination, dispute resolution, divorce, elder law, employment law, environmental law, equity, estate planning, ethics, family law, guardianship, harassment and workplace bullying, health law, human rights, immigration, industrial law, insolvency, intellectual property, labour law, land and environment court, land law, landlord and tenant, lawyer referral, lawyers, leases, licensing law, liquor law, litigation, local government, malpractice, media law, mediation, medical law, mortgages, motor vehicle law, negligence, occupational health and safety law, partnerships, planning law, powers of attorney, privacy law, pro bono, probate law, professional negligence, professional standards, property law, residential leases, revenue law, securities law, settlements, shipping law, social security, solicitors, sports law, succession, superannuation law, tax law, torts, total and permanent disablement, traffic law, transport law, wills, workplace law
Retainer: If retained in a matter, fees over $750 will be disclosed in in a written costs agreement in accordance with Part 4.3 of the Legal Profession Uniform Law.
“No win no pay”: conditional costs agreements may be entered into in selected matters, such a claims for personal injury damages.
Short Consultation <20 mins $60
Standard Consultation 20 – 40 mins $120
Long Consultation 40 – 60 mins $180
Power of Attorney $60
Appointment of Enduring Guardian $60
Standard Will (individual) $240
Standard Will (couple) $360
Will package (individual) Will, Power of Attorney, Guardianship $300
Will package (couple) Will, Power of Attorney, Guardianship $480
Notarisation: Fees for notarial services are charged in accordance with the recommended scale of fees published from time to time published under s12 of the Public Notaries Act 1997 http://notarynsw.org.au/fees_scale.
ON 30 JUNE 1988, the High Court of Australia delivered Oceanic Sun Line Special Shipping Company Inc v Fay [1988] HCA 32; (1988) 165 CLR 197 (30 June 1988).
The court found that a contract of carriage was made in Australia at the time of payment and that terms and conditions printed on a ticket later issued in Greece had no effect and could not alter what was already agreed in Australia.
The court held that in a contract of carriage:
a condition printed on a ticket has no effect to alter the contract if the ticket is issued after making the contract
an exemption clause (excluding liability of loss) on a ticket has no effect unless the carrier does all that is reasonably necessary to bring the clause to the passenger’s notice.
The court also held that when a defendant applies for a stay or dismissal of proceedings on the grounds of forum non conveniens (forum not appropriate), it must persuade the local court that the plaintiff’s claim should be brought in another court because the local court is a clearly inappropriate forum to determine the dispute.
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