The enforceability of clawback provisions
The NSW Supreme Court has affirmed Queensland precedent making clawback provisions in lease agreements largely unenforceable.Snapshot Provisions requiring the repayment of a lease incentive will…
High Court: July 2019
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.Key decisions Rinehart v Hancock Prospecting Pty Ltd; Rinehart…
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…
High Court rules on resolving ambiguities in commercial contracts
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…
The latest from the High Court: June 2017
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.Key decisions Ecosse Property Holdings Pty Ltd v Gee…
The latest from the High Court: March 2017
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.Key decisions Simic v New South Wales Land and…
The contractual effect of the code of banking practice
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,…
Navigating the blockchain and the law
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…
The latest from the High Court: September 2016
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.Key decisions Graham v The Queen [2016] HCA 27…
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…
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…