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
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…
By John Wakefield and Cari-Dee Le - 2 min read
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…
By Paul Martin - 1 min read
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…
By Paul Moorhouse - 3 min read
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…
By Paul Martin - 2 min read
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,…
By Paul Martin - 2 min read
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…
By Christina Cavallero and Nicholas Simpson - 2 min read
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,…
By Anthony Lo Surdo SC - 3 min read
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…
By David Rountree - 2 min read
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 Paul Martin - 2 min read
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 Paul Martin - 2 min read