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Julian Van Leer Special Counsel

T: 02 8268 4000
F: 02 8268 4001
craddock@craddock.com.au

Julian Van Leer has been a practicing lawyer for more than 26 years, and a partner with Craddock Murray Neumann since 1987.

Before joining the firm, Julian worked with the Australian Government Solicitor and gained considerable experience in the specialised fields of Insolvency, Commercial Litigation and Administrative (Government) Law.

After joining Craddock Murray Neumann, Julian has continued to work in these areas and now oversees an extensive debt recovery and insolvency practice as well as a busy Administrative Law section, offering a range of services and skills which are usually only found in the larger city law firms.   Clients include a variety of major Government departments, a multinational insurance company and many small and medium businesses.

Julian’s business acumen, grasp of the details and knowledge of commercial and insolvency law enable him to provide clients with practical advice and able representation, and to assist them to achieve their commercial and policy objectives. 

When will a court enforce an unwritten contract in relation to land?
Date: Sep 14, 2014

As discussed in the earlier article ‘Does a contract need to be in writing’, some contracts, such as those dealing with land, must be in writing to be enforceable. Despite this seemingly strict requirement there are some narrow circumstances in which a court will enforce oral contracts relating to land in order to avoid injustices. This exception is known as the doctrine of ‘part performance’.

Voidable transactions due to insolvency – uncommercial transactions
Date: Sep 14, 2014

When a company becomes insolvent, the liquidator is entitled to all of the assets that belonged to the company at the commencement of the winding up, so they can manage and distribute that property equally amongst the company’s creditors.

Changes to the Credit Reporting System in Australia
Date: Sep 14, 2014

The move towards a more comprehensive credit reporting system was finally realised by the commencement of the long-awaited reforms to the Privacy Act on 12 March 2014. As well increasing the amount of information available for use in credit reports, the reforms will have an impact on the way such information is collected, used and disclosed by imposing significant new privacy responsibilities on credit providers and credit reporting agencies.

Contracts – intention to enter into a legally enforceable relationship
Date: Sep 14, 2014

As noted in earlier article ‘what is a contract’ a contract is a legally binding promise. The requirements for a valid and enforceable contract are.

Are some contracts unenforceable? Illegality and public policy
Date: Sep 14, 2014

Even if you have complied with all the formalities and requirements of a valid contract, the law may still refuse to enforce an illegal contract. A contract may be illegal because it is prohibited by statute or because it infringes a rule of public policy.

What is consideration?
Date: Sep 14, 2014

Consideration is one of the key elements of creating a contract, along with having a settled agreement between two or more parties and an intention to enter into legal relations . Basically, consideration means ‘value’. The provision of consideration in the creation of a contract involves the passing of value between the contracting parties. This is the essential nature of a contract, namely a bargain involving quid pro quo. Consideration is of particular importance, as it distinguishes between those contracts that should be enforced by the courts and those that are merely gratuitous, such as a promise to make a gift.

Rescinding ‘off the plan’ contracts - the Rule in Flight v Booth
Date: Sep 14, 2014

Purchasing a property before it is built, also known as purchasing ‘off the plan’, can be a rewarding yet risky enterprise, especially if the finished product isn’t the same as what you contracted to buy. The contract may provide for certain limited circumstances which allow you to rescind (revoke) the contract. There is, however, also some legal rules which may be able to help. One such rule is called ‘the rule in Flight v Booth’. The NSW case of Kannane and Ors v Demian Developments P/L [2005] NSWSC 1193 sets out when the rule in Flight v Booth will apply.

Voidable transactions due to insolvency - unfair loans
Date: Jun 04, 2014

When a company becomes insolvent, the liquidator is entitled to all of the assets that belonged to the company at the commencement of the winding up, so they can manage and distribute that property equally amongst the company’s creditors.

Voidable transactions due to insolvency - unfair preferences
Date: Jun 03, 2014

When a company becomes insolvent, the liquidator is entitled to all of the assets that belonged to the company at the commencement of the winding up, so they can manage and distribute that property equally amongst the company’s creditors.

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