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.
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…
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…
Off-the-plan contracts: the sun has set on vendors’ rescission rights
New provisions have been inserted into the Conveyancing Act 1919 deeming invalid a vendor’s right to unilaterally end an off-the-plan contract by rescission under a…
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…
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….
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…
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…
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…
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…
The latest from the High Court: June 2014
Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.