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To arrange a meeting with Matthew or book him for an event please visit https://viewlegal.com.au/matthews-events/

Sad to learn 2 heroes gone in a week. RIP Clayton

Sad to learn 2 heroes gone in a week. RIP Clayton Christensen and Terry Jones.

Same location for photo shoot as last year, and th

Same location for photo shoot as last year, and the year before and the year before ... bring on #2020. #greenmountbeach

Always learning … Latest lesson: ‘Last Christm

Always learning … Latest lesson: ‘Last Christmas’ ** by Wham is a break up song … Final Post for 2019 and Season's Greetings
With the annual leave season starting in earnest over the next couple of weeks and many advisers taking either extended leave or alternatively taking the opportunity to catch up on things not progressed during the calendar year, last week’s post will be the final one until early 2020.

Similarly, the social media contributions by both the View and me will also largely take a hiatus until the New Year as from today.

Thank you to all of those advisers who have read, and particularly those that have taken the time to provide feedback in relation to posts.

Very best wishes for Christmas and the New Year period.
PS: & recently I learnt why my first ever girlfriend broke up with me in grade 5 at about this time of the year back in 1984 … at the time I had just spent weeks of pocket money on a 7 inch single (you can google what this is …) by her favourite band Wham and the aforementioned single …
Not stopping to listen to the lyrics focused on the withdrawing of the giving of true love … she broke up with me the very next day …
PPS: When sharing the breakup story with my daughters recently and musing how I never understood why she ‘dropped’ me they quickly pointed out the stupidity of my choice of gift. To the young lady of Flynn Primary School Canberra – I am sorry. ** for the trainspotters, ‘Last Christmas’ (riffed for the title of today’s post) is the Wham! hit from 1984. Do yourself a favour and watch the video clip now!

When black is not white** - Anarchy in the UK ** I

When black is not white** - Anarchy in the UK ** In theory recent decisions from the UK are not necessarily of utility in Australia.
In practice however UK cases can give insights as to the likely position in Australia and a recent UK decision is a timely reminder how even what would otherwise be abundantly obvious is not necessarily so.
In this case there was a written agreement that had a standard clause stating: "All variations to this document must be agreed, set out in writing and signed on behalf of both parties before they take effect." The initial judge held that this was a clear clause which precluded an oral re-negotiation of a core term of the agreement.
This was on the basis that 'anti-oral variation' clauses promote 'certainty, avoid false or frivolous claims of an oral agreement and stop a person in a large firm unintentionally creating an outcome that is inconsistent with a provision in a contract between the firm and an external party'. An outcome that was arguably to be expected.
On appeal however the above position was reversed. Instead it was held that despite the probation on oral amendments, an oral amendment could in fact amend that very clause and in in turn the agreement. The outcome was that an oral agreement which had been made by one party’s credit controller (apparently without proper authority) was binding on that party.
In particular it was said: "Those who make a contract, may unmake it. The clause which forbids a change, may be changed like any other. The prohibition of oral waiver, may itself be waived … What is excluded by one act, is restored by another. You may put it out by the door, it is back through the window. Whenever two men contract, no limitation self-imposed can destroy their power to contract again… " ** for the trainspotters - a double hit this week for Michael Jackson's 'Black or White'
And 'Anarchy in the UK' by the Sex Pistols.

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