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Bede Haines

Expertise

Bede undertakes a diverse range of work including litigating and advising on contractual disputes, trade practices disputes, property and corporate disputes and insolvency matters.

Experience

His experience includes:

  • acting for a large international software company in Federal Court of Australia proceedings concerning the implementation of software and infrastructure on a telecommunication company‚Äôs national network
  • advising private equity firms, including in respect of the exercise of contractual rights, matters affecting shareholders and investors, including appearing in commercial arbitration
  • advising on disputes concerning the exercise of contractual options, including call and put options, options to purchase and options to renew contractual obligations
  • providing advice in relation to sale of land disputes, including disputes with mortgagees, off-the-plan sales and the termination of contracts
  • advising corporate trustees of unit trusts, including in relation to the exercise of contractual rights
  • appearing for a publicly-listed media company in recent Supreme Court litigation concerning the exercise of contractual rights and misleading and deceptive conduct
  • Full Federal Court and High Court litigation concerning litigation funding
  • advising creditors in respect of their rights during insolvency and bankruptcy, including acting in Supreme and Federal Court applications.

Publications

19 July 2021 - Knowledge

Do COVID-19 lockdowns frustrate leases?

#Property, Planning & Development, #COVID-19

Expanded COVID-19 restrictions on trading may have you wondering if your lease is frustrated. This is not likely and we explain why.

15 July 2021 - Knowledge

New COVID-19 leasing laws affecting NSW retail and commercial tenancies during lockdown

#Property, Planning & Development, #COVID-19

On 14 July 2021, the NSW Government’s new Retail and Other Commercial Leases (COVID-19) Regulation 2021 took effect. It’s different from the 2020 leasing laws, and we consider what it means for landlords and tenants.

21 December 2020 - Knowledge

Another round of COVID-19 retail leasing and commercial leasing laws

#Property, Planning & Development, #Dispute Resolution & Litigation, #COVID-19

NSW’s COVID-19 leasing laws are again being extended. Uncannily, this coincides with increases in community COVID-19 and state borders closing.

14 December 2020 - Knowledge

Trespass and implied licences: The High Court considers entry to land

#Dispute Resolution & Litigation

When do you have an implied right to enter land, and when might an entry become a trespass? A recent High Court decision offers clarification on both scenarios.

26 November 2020 - Knowledge

Commercial contracts – defining words, adopting legislation and dealing with contingencies

#Corporate & Commercial Law, #Dispute Resolution & Litigation

Contracts generally need defined terms, they provide conciseness and comprehensibility. But, defining a word is hard.

20 November 2020 - Knowledge

New South Wales begins weaning off COVID-19 rent relief

#Property, Planning & Development, #COVID-19

The NSW Government will begin a weaning process for landlords and tenants for when the current C-19 rent moratorium ends on 31 December 2020.

23 October 2020 - Knowledge

NSW Government extends COVID-19 leasing protections

#Property, Planning & Development, #COVID-19

The NSW Government has issued legislation extending the COVID-19 retail and commercial leasing relief . We outline what the legislation entails.

25 September 2020 - Knowledge

NSW commercial and retail leasing protection being extended

#Government, #Property, Planning & Development

The NSW Government has announced an extension to the COVID-19 laws protecting retail and commercial leases. The laws were to end on 24 October 2020, and will now extend to 31 December 2020. A bill detailing the changes is expected this week or next.

02 September 2020 - Knowledge

Transitioning from the COVID leasing protections – Sneakerboy reveals some issues

#Dispute Resolution & Litigation, #COVID-19, #Property, Planning & Development

Rolling back the COVID leasing laws may not be smooth, especially where lease terms are yet to be renegotiated.

19 August 2020 - Knowledge

How to find solutions to stakeholder disputes in a climate of uncertainty

#Corporate & Commercial Law, #Dispute Resolution & Litigation

We are seeing, as you would expect in the current times, more disputes between shareholders, directors, partners and other stakeholders.

18 August 2020 - Knowledge

COVID-19 leasing laws bring a new dynamic to claims for relief against forfeiture

#Dispute Resolution & Litigation, #Property, Planning & Development, #COVID-19

A recent leasing dispute illustrates how COVID-19 laws may affect a court’s decision to enable an evicted tenant to return to its premises.

29 April 2020 - Knowledge

Update: NSW’s COVID-19 retail and commercial leasing laws

#Property, Planning & Development, #Dispute Resolution & Litigation, #COVID-19

The NSW Government has now passed laws affecting retail leases in NSW. This includes a schedule in the Conveyancing Act’s regulations that also applies to commercial leases more generally.

08 October 2019 - Knowledge

Sale of land and cooling-off: Auctions and withdrawing a property

#Dispute Resolution & Litigation

A recent NSW case on the sale of residential land and cooling-off asks some interesting questions. When does an auction take place? What makes an auction commence? How is a property passed-in at auction? How does this differ from the property being withdrawn?

Upcoming Seminars