JWS Consulting is a division of Johnson Winter & Slattery providing commercial consulting services.
We are engaged by major Australian and international corporations as legal counsel on their business activities, disputes and most challenging matters.
Established in 1993 by Tony Johnson, Nigel Winter and Peter Slattery as a boutique corporate firm, JWS grew rapidly to become a leading independent Australian firm.
The quality of our legal advice and service to clients is recognised through independent industry recognition and direct client feedback.
Learn more about breaking news at Johnson Winter & Slattery, including major transaction announcements, practitioner appointments and team expansions.
JWS supports a number of community initiatives and not for profit organisations across Australia through pro bono legal work and charitable donations.
We are proud to sponsor a number of community initiatives.
Queensland’s Environmental Protection Act (Section 421) requires a vendor of land recorded on the Environmental Management Register to give notice to a potential purchaser prior to signing any contract to sell the land. The Queensland Court of Appeal has recently affirmed what constitutes written notice.
The decision examined notice provided by a seller via a data room.
Ultimately, the court confirmed that:
Prior to selling land, owners are required to provide written notice to a purchaser if the land is:
An owner’s failure to comply entitles a purchaser to terminate the contract prior to completion.
During the due diligence period, the seller uploaded numerous documents to a data room. These documents included a folder entitled Land Contamination which identified the contaminated lots. The documents were accessible and downloadable by the purchaser.
Express formal notice of the contaminated lots was not provided to the purchaser. However, it was argued the purchaser had notice in the form of data room records. The purchaser also sent an email indicating awareness of the contamination.
The unsuccessful buyer argued that access to the data room did not comply with Section 421 on 5 grounds;
The Court of Appeal held that the purpose of Section 421 was to ensure that an intending purchaser was aware of the liabilities that may go with the acquisition. So, the ultimate question is “did that seller give notice in writing that the land was on the register?” If so, the form of written communication is immaterial.
Albion Mill FCP Pty Ltd & Anor v FKP Commercial Developments Pty Ltd  QCA 229.
Johnson Winter & Slattery has welcomed leading real estate lawyer, Peter Trevaskis, to the partnership.
The Queensland Court of Appeal last week upheld a decision that a demand for payment under an unconditional bank guarantee was invalid because it failed to state expressly that it had been signed...
Back in June 2017 we examined the final report of the Government’s review of the design and operation of the Petroleum Resource Rent Tax (PRRT) (the Callaghan Review). Following the Government’s...