In recognition of his commitment to mediation as a form of dispute resolution, Anthony Lo Surdo SC has been certified as a mediator by the Singapore International Mediation Institute (SIMI). The SIMI is the premier independent professional standards body for…
Doyles Guide to the Australian Legal Profession, 2017 has once again named Anthony Lo Surdo SC as one of the State's "Leading" Insolvency and Restructuring Silks. (He has also been named in 2011, 2014, 2015 and 2016) The content within…
Introduction It is not uncommon for proceedings to be ordered to mediation with the consent of the parties. There are many benefits of a court-ordered mediation including the parties being able to avail themselves of the privilege with respect to…
In 2016, the Court handed down its decision in Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16. In Attwells, the appellants claimed that earlier litigation to enforce a guarantee was settled on unfavourable terms because of negligent advice…
Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liquidation) v Sakr [2017] NSWCA 38 (9 March 2017) Introduction At issue in these proceedings determined by a five-member bench of the New South Wales Court of Appeal (Bathurst CJ, Beazley…
On 27 July 2016, the High Court of Australia held in Paciocco that a late payment fee imposed by the ANZ in respect of two credit card accounts was not void as a penalty. The Court considered the test to apply…
Introduction Performance bonds, sometimes called bank guarantees, are typically issued by a financial institution at the request of a party to a contract. Performance bonds are often issued pursuant to an obligation contained in a construction contract. They take the…
On 1 March 2017, the NSWCA (Bathurst CJ, Beazley P and Gleeson JA) delivered judgment in Walker Group Constructions Pty Ltd v Tzaneros Pty Ltd [2017] NSWCA 27. The judgment considers questions of construction of contracts, assignment of building warranties,…
On 27 July 2016, the High Court of Australia delivered its long-awaited judgment in Paciocco & Anor v Australia and New Zealand Banking Group Limited [2016] HCA 28. The first appellant (Mr Paciocco) held two consumer credit card accounts (the…
NATIONAL AUSTRALIA BANK LTD V ROSE [2016] VSCA 169 (21 July 2016) Introduction On 21 July 2016, the Victorian Court of Appeal delivered judgment in National Australia Bank Ltd (Bank) v Rose. Although the Bank submitted in opening at trial…