Construction of a contract of life insurance
The Court of Appeal has handed down a unanimous decision regarding the proper construction of a contract of life insurance.
Limitation periods: Simple? Not always
Time limits – love ‘em or hate ‘em, you’ve gotta know them.
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…
Another edition of the Contract for the Sale and Purchase of Land?
The 2017 edition of the Contract for the Sale and Purchase of Land is now available online at the Law Society’s eCOS Portal. By PETER…
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….
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…
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…
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,…
The latest from the High Court: October 2016
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.
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…