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Contract: Amendment or replacement?

Parties to a contract enter into a further contract by which they vary the original contract terms. Is the effect of the second contract to bring the first contract to an end and to replace it with the second, or to leave the first contract standing, subject to alteration?

Balanced Securities Limited v Dumayne Property Group Pty Ltd [2017] VSCA 61

Arbitration: when a final award is not final

Arbitrator rendered an award styled “Final Award” that failed to deal with an issue referred to arbitration.  Aggrieved party applied to have the issue determined by the Supreme Court. Other party sought a stay relying on the parties’ arbitration agreement. Held that the award was not a final award and that the arbitrator’s mandate continued to resolve the remaining issue.

Distributions from a Mixed Trust Fund

What is the appropriate method of distribution to competing trust beneficiaries whose funds have been mixed? This short article considers this question following the decision in Hannan v Zindilis [2016] VSC 723.