The enforceability of clawback provisions
The NSW Supreme Court has affirmed Queensland precedent making clawback provisions in lease agreements largely unenforceable.
By Anthony Herro - 2 min read
Codelfa in the new age: has the gateway shifted?
TALITHA FISHBURN takes a closer look at whether ambiguity in a contract is required as a precondition to admit evidence of ‘surrounding circumstances’?
By Talitha Fishburn - 2 min read
Amended security of payment regime set to bring more clarity to building and construction disputes
In the coming months there will be important changes to the way the security of payment regime operates in NSW. By ANDREW BAILEY.
By Andrew Bailey - 2 min read
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…
By Michael Corrigan and Matthew Evans - 2 min read
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….
By Michael Bacina and Katrine Narkiewicz - 2 min read
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…
By John Wakefield and Cari-Dee Le - 2 min read
High Court rules on resolving ambiguities in commercial contracts
The High Court has followed established authority in holding that an ambiguous provision in a commercial contract should be construed by having regard to the…
By Paul Martin - 1 min read
Enforcing post-employment restraints after an employer’s breach of contract
Whether post-employment restraints will be enforceable after termination can be an important issue where a senior employee is deciding whether to leave in the face…
By Paul Moorhouse - 3 min read
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…
By Paul Martin - 2 min read
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,…
By Paul Martin - 2 min read
When is a contract claim a bankrupt’s claim?
Contract claims of a personal nature, such as a personal injury or wrong, will not be stayed by virtue of a claimant’s bankruptcy. By CHRISTINA…
By Christina Cavallero and Nicholas Simpson - 2 min read