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.

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.

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…

Executive employment claims: a contractual perspective

Contractual principles of incorporation sit uneasily with many employment benefits. Instead, there is an increasing openness on the part of the courts to imply a…

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…

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.

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…