Commercial Litigation - Cogent Legal

Increasing Insolvency Activity in Australia

Increasing Insolvency Activity in AustraliaIn recent times, Australia has observed a significant uptick in insolvency activities, affecting both companies and individuals. This trend reflects broader economic pressures and highlights concerns regarding financial stability and credit risks in various sectors. Corporate Insolvencies Corporate insolvencies have seen a noticeable rise. The Australian Securities & Investments Commission (ASIC) […]

The Essential Duties of Solicitors in Australia: Lessons from Commercial Bank of Australia Ltd v Amadio

Guarantor Solicitor’s Certificates document legal advice to a guarantor. The case of Australia Ltd v Amadio outlines caution to Australian Lawyers on this task.

Coronavirus Covid-19 Law

The pandemic reached Australia will have far reaching social and commercial side-effects that will present new legal issues. We have some experts recommending that the legal fallout from the government restrictions on commerce and businesses will last for years to come. The ‘Coronavirus Covid-19 Law’ that will evolve, we now predict, will become a fast […]

All torn down: Terminating a Building Contract

Terminate or Ending a Building or Construction Contract You’ve come to a dead end. Your building project has stalled; your relationship has soured. The other party keeps playing games, refuses to answer your telephone calls and you’re ready to be done with it all. So, time to terminate the contract? Before you commit to termination, […]

Construction Law Update – Contract Termination and Claim Values

Construction Law Update on Contract Termination “as much as he deserved”: Limits to Quantum Meruit claims in construction contract termination The Case: Mann v Paterson Constructions Pty Ltd [2019] HCA 32 At the High Court of Australia, the limits to quantum meruit claims for contractual termination have been noticeably altered. Key points A contractor is not entitled to recover […]

Peanut Butter Wars and Trade Mark

The oily business of the peanut butter wars Cogent Legal Lawyer, Elise Steegstra, looks at the ongoing legal battle between Kraft and Bega over the right to use the ‘yellow jar’ for peanut butter. Key Points Trade Marks and Branding: Does your packaging form an ‘iconic’ part of your brand? Is it protected? Does it need […]