The Pepsi case: did the Federal Court bottle it?
In its first application of nascent tax laws, the Court considers what constitutes a contractual right and the new diverted profits tax.
Damages for breaches of statutory guarantees
Recent NSW Court of Appeal decision in Scenic Tours v Moore considers the damages awardable under the Australian Consumer Law for breaches of statutory guarantees.
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.
Limitation periods: Simple? Not always
Time limits – love ‘em or hate ‘em, you’ve gotta know them.
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…
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.