The instinct to draft detailed force majeure clauses may be leaving parties with fewer remedies when contracts are tested by new forms of disruption.
By Mark Lazarus - 2 min read
A recent decision highlights how poorly drafted dispute resolution clauses can undermine arbitration rights and leave parties litigating instead.
By Justin Hogan-Doran - 2 min read
When is repayment not really repayment? And can accepting money preserve a breach? Shao forces practitioners, and the courts, back to first principles.
By John Gooley - 2 min read
ACL damages restore the counterfactual position and are not limited to diminution in property value, but when is rectification unreasonable?
By Andrew Bailey - 1 min read
If passed, the Bill will impose an obligation for companies to ‘disrupt’ and ‘prevent’ scams, and give consumers a right to sue.
By Martyn Taylor, Helen Taylor, Rajaee Rouhani, Dietrich Marquardt and Alyssya Warty-Hasan - 2 min read
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
The NSWSC has distinguished ‘occupation’ from ‘job’ and the former is to be determined by a range of factors.
By Jeremy Harrison - 1 min read
In its first application of nascent tax laws, the Court considers what constitutes a contractual right and the new diverted profits tax.
By Hugh Paynter, Ryan Leslie and Graeme Cooper - 2 min read
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
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 NSW Supreme Court has affirmed Queensland precedent making clawback provisions in lease agreements largely unenforceable.
By Anthony Herro - 2 min read
A recent decision raised issues relevant to the construction and drafting of key clauses in industrial leases.
By Diane Skapinker - 2 min read
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