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Foreign investment framework – 2017 Legislative Package

On 1 December 2015, the most significant changes to Australia’s foreign investment framework in over 40 years were introduced. The reforms provided for stronger enforcement of the rules, a better resourced system and clearer rules for foreign investors.
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Insta-served: Service by social media

Any originating process (eg Statement of Claim or Summons) filed in the Supreme Court must be personally served. In order to effect personal service on a person,  a copy of the originating process must be left with the person, or if the person does not accept the copy, can be put down in the person’s presence and by telling the person  the nature of the document.
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Unfair Contract Terms – Hicksons Stands Ready to Assist

On 12 November 2016 new provisions were added to the Australian Consumer Law to protect small businesses from unfair terms in standard form contracts.
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Pay late, pay more

On 27 July 2016, the High Court handed down its decision Paciocco v Australia and New Zealand Banking Group Limited, concluding a six year long legal dispute concerning the legitimacy of late payment fees of up to $35 charged by ANZ Bank.
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Do the crime and give time? Prejudgment breaches of the National Credit Code

Hicksons has recently successfully opposed a number of applications by borrowers of different lenders to set aside a default judgment obtained many months earlier on the basis of a alleged illegality on the part of the lender.
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Airbnb and the NSW Mortgage Enforcement Process

Only recently Airbnb has hit and begun spreading on Australian soil, following other sharing economy platforms such as the likes of Uber and Lyft. The growing popularity of Airbnb represents the beginning of a significant shift in the way that the lodging market may develop in the years to come, but how compatible is current mortgage enforcement law with this new way of lodging?
Blog

Remaking ASIC class order on share and interest sale facilities

Legislative instruments, such as class orders, are repealed automatically, or sunset, after 10 years, unless action is taken to extend them.
Blog

Service of Notices by Registered Post

Where service of a notice is authorised or required by post, unless the contrary intention appears, service will be deemed to be effected at the time when the notice would be delivered in the ordinary course of post: see the various Acts Interpretation acts of the States and Commonwealth.

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