The enforceability of clawback provisions
The NSW Supreme Court has affirmed Queensland precedent making clawback provisions in lease agreements largely unenforceable.
Executive employment claims: a contractual perspective
Contractual principles of incorporation sit uneasily with many employment benefits. Instead, there is an increasing openness on the part of the courts to imply a…
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…
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.
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…