Rectification vs diminution: NSWCA clarifies consumer law damages
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
‘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
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 - 2 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 - 2 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 - 3 min read
Limitation periods: Simple? Not always
Time limits – love ‘em or hate ‘em, you’ve gotta know them.
By Jennifer O'Brien - 2 min read
Financial regulation and a vulnerable Indigenous community
High Court gives the green light to controversial ‘book-up’ system. By TALITHA FISHBURN.
By Talitha Fishburn - 2 min read
Codelfa in the new age: has the gateway shifted?
TALITHA FISHBURN takes a closer look at whether ambiguity in a contract is required as a precondition to admit evidence of ‘surrounding circumstances’?
By Talitha Fishburn - 2 min read
Amended security of payment regime set to bring more clarity to building and construction disputes
In the coming months there will be important changes to the way the security of payment regime operates in NSW. By ANDREW BAILEY.
By Andrew Bailey - 2 min read
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…
By Michael Corrigan and Matthew Evans - 2 min read