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 readA recent decision raised issues relevant to the construction and drafting of key clauses in industrial leases.
By Diane Skapinker - 9 min readFrom 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 readThe Court of Appeal has handed down a unanimous decision regarding the proper construction of a contract of life insurance.
By Jeremy Harrison - 7 min readLawyers 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 - 8 min readA 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 - 4 min readThe 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 - 4 min readThe High Court confirms that the purpose of a contract and context in which it was reached are highly relevant to contractual interpretation. By PAUL…
By Paul Martin - 4 min readThe 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 Jonathan Casson - 6 min readSettlement agreements are a familiar form of document routinely used by lawyers to enable clients to resolve disputes. By PAUL MARTIN.
By Paul Martin - 3 min readFollowing 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 David Harris - 6 min readParties 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 Paul Martin - 3 min readLawyers 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 Benjamin Brady and Daniel Meyerowitz-Katz - 7 min readAn illegal act by a party to a contract will not necessarily make the contract unenforceable. The mere fact that a party has failed to…
By Paul Martin - 3 min read