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 - 8 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 - 9 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 - 5 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 - 7 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 - 8 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 - 8 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 - 6 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 - 8 min read
Beware of unfair general security terms when dealing with SMEs
Small businesses should review general security clauses in their standard contracts to avoid findings of unfair, void or unenforceable contracts.
By Richard Winter - 4 min read
An offer you can’t refuse: big changes coming to the Unfair Contract Terms regime
A guide to the bill currently before Federal Parliament and the wide-ranging reforms to Australia’s Unfair Contract Terms regime.
By Ayman Guirguis, Thomas Shaw, Jessica Mandla, Mei Gong and James Gray - 6 min read
Time to review your insurance contracts: the unfair contract terms regime is on its way
Are you ready for the new laws extending the unfair contract terms regime to insurance contracts?
By Ray Giblett, Matt Ellis and Timothy Chan - 6 min read