ACCC wins first B2B unfair contract terms case

In Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd, the Federal Court applied new laws that protect small businesses from unfair…

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Smart contracts: just how clever are they?

The adoption of smart contracts continues to grow, comprising a variety of contractual relationships partly automated by computer software and which run on blockchain technology….

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Ensuring legal certainty in international electronic contracts

Australia will soon be eligible to accede to the 2005 United Nations Convention on the Use of Electronic Communications in International Contracts. By JOHN WAKEFIELD…

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High Court rules on resolving ambiguities in commercial contracts

The High Court has followed established authority in holding that an ambiguous provision in a commercial contract should be construed by having regard to the…

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Enforcing post-employment restraints after an employer’s breach of contract

Whether post-employment restraints will be enforceable after termination can be an important issue where a senior employee is deciding whether to leave in the face…

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Contractual warranties: assignee may sue for pre-assignment breaches

The NSWCA has confirmed that where contractual warranties are assigned, the assignee may recover damages even where the warranties were breached before the assignment took…

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Electronic signatures: convenient but risky

The NSW Court of Appeal has found that an individual whose electronic signature appeared on a guarantee did not authorise the use of his signature,…

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When is a contract claim a bankrupt’s claim?

Contract claims of a personal nature, such as a personal injury or wrong, will not be stayed by virtue of a claimant’s bankruptcy. By CHRISTINA…

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The contractual effect of the code of banking practice

Controversy has raged in the banking industry as to whether the Code of Banking Practice, a voluntary code of conduct to which most banks adhere,…

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Navigating the blockchain and the law

Lawyers must be aware of regulatory debates surrounding blockchain or distributed ledger technology, and be in a position to advise clients about unique challenges created…

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