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
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…
By Paul Martin - 2 min read
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…
By Ross Foreman - 1 min read
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…
By The Law Society Policy and Practice Department - 1 min read
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…
By Scott Alden - 3 min read
Banned for life: private behaviour and sporting sanctions
Less than three months into his tenure, new National Basketball Association Commissioner Adam Silver made global headlines by imposing a lifetime ban and USD$2.5 million…
By Eden Winokur - 2 min read