When is a contract binding? Court of Appeal analyses lease negotiations

A court will consider whether communications between the parties, objectively construed, indicate an intention to be immediately bound by an arrangement between them. By PAUL…

By - 4 min read

Binding promise without a contract: Court of Appeal considers proprietary estoppel

The NSW Court of Appeal has found that a proprietary estoppel may arise in certain cases where a plaintiff seeks to exercise only personal or…

By - 4 min read

When changes to the law affect rights under contract

The High Court confirms that the purpose of a contract and context in which it was reached are highly relevant to contractual interpretation. By PAUL…

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Small business and unfair contract terms: changes on the horizon

The Treasury Legislation Amendment (Small Business And Unfair Contract Terms) Act 2015 extends the notion of unfair standard form (or standard terms) contracts to non-consumer…

By - 6 min read

The scope of releases: a case study

Settlement agreements are a familiar form of document routinely used by lawyers to enable clients to resolve disputes. By PAUL MARTIN.

By - 3 min read

Ambiguity remains when it comes to the true rule of contractual interpretation

Following the decision in Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd, it remains unclear whether regard can be had to surrounding circumstances…

By - 6 min read

Expert determinations under contract reviewable even if ’final’

Parties to a contract will need to ensure that an expert properly understands his or her functions under contract when performing a review and making…

By - 3 min read

Pavlovic v Universal Music Australia binding clients in contract

Lawyers generally have authority to negotiate the terms of an agreement on behalf of their clients, but not to bind their clients to the agreement….

By and - 7 min read

High Court confirms: illegal acts do not automatically render a contract unenforceable

An illegal act by a party to a contract will not necessarily make the contract unenforceable. The mere fact that a party has failed to…

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Contractual construction ambiguity abandoned (again)?

At present, the weight of recent authority in the NSW Court of Appeal (and the Full Federal Court) suggests that ambiguity is not necessary before the court…

By - 6 min read