Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 26 MARCH 2009

Life After Termination - Address Contractually Or Leave To The Common Law?

Clayton Utz
Explore more from Clayton Utz

There are rights and obligations which are capable of surviving termination.

AustraliaReal Estate and Construction
Nick Tsirogiannis
Nick Tsirogiannis
Author LinkedIn connections

Key Point

  • There are rights and obligations which are capable of surviving termination.

It is becoming increasingly common for construction contracts to contain not only a clause that sets out the compensation payable by a defaulting party on termination but also a clause that sets out the other consequences of termination, such as the various rights and obligations that survive termination. Given this growing trend, this article will examine the consequences of termination at common law and, in particular, what rights and obligations are capable of surviving termination and some of the issues associated with including such a clause in a contract.

Consequences of termination

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Personal Guarantees In Commercial Leases: Risks For Directors

Directors who sign retail leases on behalf of company tenants often provide personal guarantees without fully understanding the scope of their liability. This liability can extend far beyond unpaid rent to include outgoings, interest, make-good costs, and enforcement expenses, persisting even after resignation or business sale. Understanding the distinction between guarantees and indemnities, and knowing when statutory protections may apply, is essential for directors seeking to limit their personal exposur
AustraliaReal Estate and Construction
Stonegate Legal
Stonegate Legal
Article

Data Centre Approvals: Community Engagement And Social Licence Are Essential

The development assessment process for data centres in Australia has become a critical battleground for social licence, where community concerns about energy consumption, water usage, noise pollution, and local impact must be addressed with evidence rather than assurances. As jurisdictions across Australia move to establish enforceable regulatory frameworks, developers face an evolving landscape where early investment in genuine community engagement and rigorous impact assessment determines whether projects
AustraliaReal Estate and Construction
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Project Distress In Queensland: Lessons From The Bathla Collapse

The collapse of the Bathla Group has sent ripples through Australia's construction sector, raising critical questions about financial distress management in major projects. With Queensland delivering an unprecedented infrastructure pipeline amid margin pressures and market uncertainty, are project participants adequately prepared to identify and respond to insolvency warning signs before external administrators arrive?
AustraliaReal Estate and Construction
Holding Redlich
Holding Redlich
Article

Construction Law in Queensland: Complete Guide

Construction law in Queensland establishes a comprehensive framework governing building contracts, payment rights, dispute resolution, and remedies. The legislation creates rapid adjudication mechanisms and strict compliance requirements that can determine the outcome of disputes within days. Understanding how statutory rules interact with contractual terms is essential for protecting rights and avoiding costly procedural mistakes.
AustraliaReal Estate and Construction
Stonegate Legal
Stonegate Legal