When Illegality Meets Fairness in Contract Enforcement
When an unlicensed property agent helped a childcare company find sites, millions in commission were at stake. In Creative Academy v White Pointer (2024), the NSW Court of Appeal split on how far licensing laws reach — but agreed on one thing: restitution wasn’t available. The case shows that fairness comes not from refunding risk but from structuring it — precisely what Clean Law’s escrow oversight achieves.
Power in Possession vs Fairness in Oversight
When $18.6 million worth of furniture shipments were locked in Australian ports, Nick Scali turned to the Federal Court. In Nick Scali v Lion Global Forwarding (2024), the Court upheld a freight forwarder’s lien — confirming that possession can lawfully hold power. But Clean Law’s Escrow Oversight model shows a better way: how to keep both goods and fairness moving without risk.
Power in Shutdown vs Fairness in Lawful Continuity
When Sydney’s Quarrymans Hotel was sold just before COVID lockdowns, the buyer refused to settle — claiming the pub wasn’t operating in its “usual and ordinary course.” The High Court disagreed. In Dyco v Laundy Hotels (2023), it ruled that a vendor need only run its business lawfully, not normally, when pandemic restrictions apply. The case is now the definitive guide to commercial contracts under supervening legal change.
When Privacy Silences a Billion-Dollar Dispute
When family wealth meets confidentiality and control, the High Court must decide who gets to tell the story. In Rinehart v Hancock Prospecting (2019), the Court upheld arbitration clauses that forced family trust disputes into private hearings. The case redefined how far confidentiality can reach in Australia’s commercial and family trust law — showing that, sometimes, even family truth stays behind closed doors.