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…

Pavlovic v Universal Music Australia binding clients in contract

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….

High Court confirms: illegal acts do not automatically render a contract unenforceable

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…

Contractual construction ambiguity abandoned (again)?

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…

The new electronic contract for the sale and purchase of land: what you need to know

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…

Consequential loss: it’s all in the definition

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…

The latest from the High Court: June 2014

Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.