The Allens and Linklaters alliance provides enormous opportunities for our people. We are currently seeking experienced, high-achieving legal professionals to fulfil a range of corporate roles, both here and globally. This is an exciting opportunity to join a network of highly talented legal professionals. You’ll have the chance to gain access to global resources, broaden your knowledge and experience, and drive your own career development in a location that’s right for you. Allens and Linklaters representatives will be in Australia and New Zealand conducting interviews late March 2019.
International roles
Drive your career development, build your network, and gain invaluable global experience working on challenging new matters in new jurisdictions. You’ll have the chance to work on complex, inspiring and high-profile cases, to experience varied ways of working, and to expand your career in a global context.
We will invest in your professional development, providing ongoing training, mentoring, and a range of engaging ways to build your career with us.
If you are interested in speaking to Linklaters to discuss employment opportunities, please submit your application by way of CV and covering letter to AllianceRecruitment@linklaters.com.
View our list of current vacancies.
Australian roles
We go further for our clients, and we go further for each other and our community. We’re looking for like-minded individuals where innovative thinking and an entrepreneurial mindset will allow you to take control of your career.
You'll gain access to a global network of valuable resources, and have the opportunity to broaden your knowledge. Importantly, you will also be recognised and rewarded on your performance, capability, and potential rather than your experience alone.
View our list of current vacancies.
ApplyThe court said that where a statute confers a right on a person, that person may waive that right unless it would be contrary to the statute to do so. The court unanimously dismissed the mortgagor's appeal, albeit in three separately delivered judgments. Each judgment considered three questions:
- Whether clause 24 excluded the mortgagor from relying on the limitation defence?
Despite the 'obvious shortcomings' and 'clumsiness' of clause 24, the court adopted a business-like approach to interpretation; determined objectively by reference to its text, context and purpose, to determine the rights and liabilities of the parties. The court noted that throughout the mortgage agreement, both parties had agreed to broad covenants that had the effect of waiving both their rights regarding certain subject matters. Ultimately, the court interpreted clause 24 as intending to exclude the mortgagor from relying on a limitation defence.
- Whether the rights conferred by the Limitations of Actions Act were created for the benefit of the individual or the state?
The court said that the limitation provisions were not designed to restrict the jurisdiction of the court. Instead, it was created to bar the remedy, not the right, that attaches to an individual that must be pleaded. As a result, the court concluded that the limitation provisions were conferred for the individual and were capable of being waived by the individual.
- Whether it would be contrary to the Limitations of Actions Act to waive the mortgagor's right to plead a limitation defence?
The court noted that there were no express prohibitions against contracting out of the limitations defence, and reading the statute as a whole did not indicate anything to the contrary.