News and latest developments

News and latest developments

Mitry Lawyers involved in law suit against the Kingdom of Saudi Arabia

2012-01-07 20:32:52.0

Mitry Lawyers is currently involved in a case against the Kingdom of Saudi Arabia where a Queensland school is claiming alleged unpaid fees from the Kingdom.

 

The below media link contains more details:

 

http://www.smh.com.au/national/education/school-sues-saudi-arabia-20120107-1pp8p.html

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Job Opportunity - Commercial Litigation Lawyer PAE 3-5 Years

2011-12-21 16:53:33.0

An employment opportunity currently exists at Mitry Lawyers for an experienced commercial litigation lawyer.

As a relatively new and dynamic business, with a thriving commercial litigation and equity practice, Mitry Lawyers presents a unique opportunity for a commercial lawyer to be deeply involved in the day to day carriage of matters in all jurisdictions.

If you want to work in a friendly environment, and thrive under pressure and with responsibility, we will be happy to hear from you.

Please send an email to richard@mitry.com.au with a copy of your CV and a cover letter, including your remuneration expectations.

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Job Opportunity - Legal Secretary

2011-12-21 16:48:48.0

Mitry Lawyers is currently looking for an enthusiastic and experienced legal secretary to assist our lawyers in the day to day administration of the business.

If you want to participate in a growing and dynamic business and thrive in a challenging environment, we would be happy to hear from you.

Please send an email to richard@mitry.com.au with a copy of your CV and a cover letter, including your remuneration expectations.

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Mitry Lawyers cover new ground and succeed in setting aside a guarantee and mortgage

2011-12-20 02:05:12.0

 

A recent decision of the NSW Court of Appeal is likely to have significant implications for the practices of lenders, and guarantors in New South Wales. 

 
In Fast Fix Loans v Samardzic & Anor [2011] NSWCA 260, the Court of Appeal affirmed the decision of the Supreme Court to set aside a guarantee and mortgage that an elderly couple entered into at the behest of their property developer son, in circumstances where they had been provided with independent legal advice in a language they understood. Mitry Lawyers acted for the elderly couple.
 
The Court found that where there is a real and significant risk of default by the borrower, no reasonable basis for the lender to believe that the guarantor fully appreciated the risks they were exposing themselves to, and where that lack of knowledge was as a result of the lender's own failure to enquire, a guarantee (and any mortgage given as security) is potentially liable to be set aside. The Court stated that each case will be different on its particular facts.
 
As a result, lenders will find it difficult to enforce a guarantee in cases where their lack of knowledge regarding the guarantor’s financial circumstances can reasonably be considered a product of their own failure to enquire into those circumstances, even if satisfied that the guarantor was given independent legal advice.
 
In the future, lenders and their solicitors would be prudent to ensure that due consideration is given to the financial circumstances of both the borrowers and their guarantors when entering into loan agreements.  
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Vindication for key player in former NSW Government’s billion dollar electricity sale

2011-12-20 02:03:02.0

Mitry Lawyers recently acted for a prominent witness in the Special Commission of Inquiry into Electricity Transactions.

 
The Inquiry was headed by Justice Brian Tamberlin, QC, and lasted for 6 months. On 1 May 2011, when the Inquiry was first announced, NSW Premier Barry O’Farrell released a statement to the media indicating he was determined to uncover the truth about the billion dollar asset sale and the impact on NSW Taxpayers. 
 
Mitry Lawyers’ client played a fundamental role in the transaction, and had no qualms about giving evidence to the Inquiry in circumstances where he knew firsthand that the transaction had been carried out in accordance with legitimate, proper processes and in a transparent way, not in the dodgy fashion that was inferred publically by Premier O’Farrell. 
 
In late October, the much anticipated report was handed down, and revealed the transaction was far from the “dud deal” that the O’Farrell Government had claimed.  All actions by Mitry Lawyers’ client, along with former NSW Premier Kristina Keneally & former Treasurer Eric Roozendaal, were vindicated by His Honour, Justice Tamberlin. 
 
The final report can be viewed at the following address: 
 
 
A number of articles after the release of the final report can be found: 
 
 
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