Is a site audit statement worth the 'paper' it is written on?
In many transactions, site audit statements have become de facto certificates that a condition precedent or condition subsequent in an agreement has been satisfied (or not).
Multiples parties often rely on a site audit statement, such as vendors, purchasers, financiers, directors and decision makers within a company. However, are these parties entitled to rely on them? What does a site audit statement that confirms the land is suitable for a particular use actually tell them?
Maddocks partner and leading environment and planning lawyer Patrick Ibbotson examines the issues that may arise in transactions that rely on site audits.
Contract Law in 2021 – Supabarn Supermarkets Pty Ltd v Cotrell Pty Ltd 
Uncommercial contractual obligations must be very clearly worded to be enforceable...
Contract Law in 2021 – Hewlett Packard Australia Pty Ltd v Subasic 
Discretionary rights should be clearly worded and exercised in good faith...
Owners Corporations - Significant changes on the way for developers
By Nick Sparks & Athina McGregor
NSW mandatory data breach notification scheme slated to commence as early as 2022
We discuss the new reporting scheme for NSW and considerations for agencies looking to get ready for the changes.