Michael Bacina

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litigation

Electronic Signature Enforcement Exposure

The rise of the internet has been disruptive to many traditions, and the humble paper contract is no exception. Dozens of online services now permit users to upload an image of their signature to digitally sign contracts. However, the warm… Continue Reading →

Lawyers beware the “procedural selfie”

With the Online Court in NSW coming into force it’s important that lawyers keep the contents and procedures of the various practice notes in mind before racing to use electronic solutions. In Unique International College v Australian Council for Private… Continue Reading →

What’s the harm? The practical consequences of breaching the Harman Rule

In a recent decision by her Honour Olsson J in the District Court of New South Wales, a creditor has learned the hard way about the consequences of breaching the Harman Rule which I recently wrote about (with the kind… Continue Reading →

Confidentiality, contempt and the court: Implied undertakings and the Harman Rule

All may be fair in love, war and litigation, but companies and individuals engaged in the litigation process need to remember that the use documents obtained in litigation via a compulsory process of the court (such as through disclosure or… Continue Reading →

Negotiating contracts by email, are you bound before you think you are?

It is common practice to engage in pre-contractual negotiations via email, in doing so you run the risk that those emails are considered evidence of a valid and binding contract and a court may compel performance of the contract, even… Continue Reading →

Postal Pain Pending

Australia Post has altered the terms of postal delivery.  The time for delivery of regular post will take an extra two days from the current.  The new delivery times depending on the destination and will be between 3 to 6… Continue Reading →

Is ‘Acting Reasonably’ a Sweet Contract Term?

Many agreements require the parties to ‘act reasonably’. The courts have not, however, had the opportunity to directly consider what this phrase means until recently. In Lend Lease Pty Ltd v Sugar Australia Pty Ltd [2014] VSC 476, the Supreme Court… Continue Reading →

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