Retained or not retained: the NSWCA wants specifics
A recent decision finds the existence of a general retainer is not proof of engagement to act in a particular transaction.
By Daniela Faggionato and Stephanie Barclay - 1 min read
Knives to a gunfight: the risks of poorly drafted NDAs in workplace disputes
NDAs should mitigate risks of workplace disputes going publicly nuclear, but only if they’re drafted effectively. Are you at risk?
By Penny Thew - 1 min read
Reliance damages: who’s liable?
The High Court explores the application of the facilitation principle when the quantum of loss from reliance on unperformed promises is uncertain.
By Rob Lawson and Shenali Biyanwila - 2 min read
The enforceability of clawback provisions
The NSW Supreme Court has affirmed Queensland precedent making clawback provisions in lease agreements largely unenforceable.
By Anthony Herro - 2 min read
Flawed floors: Analysing the cracks in industrial leases
A recent decision raised issues relevant to the construction and drafting of key clauses in industrial leases.
By Diane Skapinker - 2 min read
Last minute preparation for the unfair contract terms reforms
From 9 November 2023, changes under the unfair contract terms regime will come into effect. Businesses should review their existing contracts to ensure compliance with…
By Jennifer Dean, Viva Swords and Mei Gong - 2 min read
Construction of a contract of life insurance
The Court of Appeal has handed down a unanimous decision regarding the proper construction of a contract of life insurance.
By Jeremy Harrison - 2 min read
Damages for breaches of statutory guarantees
Recent NSW Court of Appeal decision in Scenic Tours v Moore considers the damages awardable under the Australian Consumer Law for breaches of statutory guarantees.
By Christopher Croese - 2 min read
‘Last drinks’ called on challenged sale of Quarryman’s Hotel
Recent High Court decision considers what constitutes carrying ‘on the business in the usual and ordinary course’ and principles of contract interpretation.
By Daniel Murray - 2 min read
‘Equity, mate’ – Equitable principles limit the effect of general words in releases
A recent Court of Appeal decision reviewed the special equitable principles that apply to the construction and efficacy of a deed of release.
By David Allen - 3 min read
Smart contracts: What lawyers need to know
Smart contracts are the ‘new frontier’, however lawyers should be aware of the enforceability and security issues surrounding its use.
By Wendy Zheng - 4 min read