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
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…
By Paul Martin - 1 min read
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 Jonathan Casson - 3 min read
Settlement agreements are a familiar form of document routinely used by lawyers to enable clients to resolve disputes. By PAUL MARTIN.
By Paul Martin - 1 min read
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 David Harris - 1 min read
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 Paul Martin - 1 min read
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 Benjamin Brady and Daniel Meyerowitz-Katz - 2 min read
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…
By Paul Martin - 2 min read
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 Ross Foreman - 1 min read
The Law Society and the Real Estate Institute of NSW issued the 2014 edition of the Contract for Sale and Purchase of Land on 17…
By The Law Society Policy and Practice Department - 1 min read
Best practice has always been to ensure a considered definition of “consequential loss” is included in contracts where the parties are seeking to exclude or…
By Scott Alden - 3 min read