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.
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…
Off-the-plan contracts: the sun has set on vendors’ rescission rights
New provisions have been inserted into the Conveyancing Act 1919 deeming invalid a vendor’s right to unilaterally end an off-the-plan contract by rescission under a…
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…