Beware of unfair general security terms when dealing with SMEs
Small businesses should review general security clauses in their standard contracts to avoid findings of unfair, void or unenforceable contracts.
Another edition of the Contract for the Sale and Purchase of Land?
The 2017 edition of the Contract for the Sale and Purchase of Land is now available online at the Law Society’s eCOS Portal. By PETER…
Smart contracts: just how clever are they?
The adoption of smart contracts continues to grow, comprising a variety of contractual relationships partly automated by computer software and which run on blockchain technology….
Ensuring legal certainty in international electronic contracts
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…
Contractual warranties: assignee may sue for pre-assignment breaches
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…
Electronic signatures: convenient but risky
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,…
The latest from the High Court: October 2016
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.
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…
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…
Small business and unfair contract terms: changes on the horizon
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…