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
The contractual effect of the code of banking practice
Controversy has raged in the banking industry as to whether the Code of Banking Practice, a voluntary code of conduct to which most banks adhere,…
By Anthony Lo Surdo SC - 3 min read
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…
By David Rountree - 2 min read
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…
By Paul Martin - 2 min read
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…
By Paul Martin - 2 min read
When changes to the law affect rights under contract
The High Court confirms that the purpose of a contract and context in which it was reached are highly relevant to contractual interpretation. By PAUL…
By Paul Martin - 1 min read
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…
By Jonathan Casson - 3 min read
The scope of releases: a case study
Settlement agreements are a familiar form of document routinely used by lawyers to enable clients to resolve disputes. By PAUL MARTIN.
By Paul Martin - 1 min read
Ambiguity remains when it comes to the true rule of contractual interpretation
Following the decision in Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd, it remains unclear whether regard can be had to surrounding circumstances…
By David Harris - 1 min read
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…
By Paul Martin - 1 min read
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….
By Benjamin Brady and Daniel Meyerowitz-Katz - 2 min read