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  • Article

    Enforceability Of HBA Contracts

    The Home Building Act 1989 (NSW) (HBA) provides that a residential building contract (contract) must meet certain requirements, such as the contract must be signed...
    AustraliaCorporate/Commercial Law
    Vincent Young
    Vincent Young
  • Article

    Franchisors must deliver what they promise – a look at the ‘UFC Gym' situation

    Because of misleading or deceptive statements, franchise agreements were void, so franchisees should be compensated.
    AustraliaCorporate/Commercial Law
    Holman Webb
    Holman Webb
Article

Has the High Court provided some clarity on what "reasonable endeavours" actually means?

The High Court has explained what it means when a party promises to "use reasonable endeavours" in performing a contract.
AustraliaCorporate/Commercial Law
Marque Lawyers
Marque Lawyers
  • Article

    Have you actually reached a binding agreement?

    This recent case indicates the importance of how contractual terms are communicated between parties.
    AustraliaCorporate/Commercial Law
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Heads of Agreement – are they legally enforceable?

    The case considered when Heads of Agreement (HOA) could be found to be legally enforceable and binding upon the parties.
    AustraliaCorporate/Commercial Law
    Boss Lawyers
    Boss Lawyers
  • Article

    How pandemic panic can affect your contract – coronavirus and force majeure

    Many businesses who buy and sell goods in China now hope force majeure clauses can protect them from non-performance.
    AustraliaCorporate/Commercial Law
    Marque Lawyers
    Marque Lawyers
  • Article

    How to avoid penalties for M&A financial assistance

    Financial assistance provisions often catch many acts that may not immediately appear as obvious financial assistance - beware.
    AustraliaCorporate/Commercial Law
    McCullough Robertson
    McCullough Robertson
  • Article

    How to do ethical fashion - What to include in your manufacturing contract

    Include a list of ethical requirements in your contract and ensure that your manufacturers sign it to make it binding.
    AustraliaCorporate/Commercial Law
    Marque Lawyers
    Marque Lawyers
  • Article

    Indefeasibility Under Attack, Part 1: Unforeseen Agency Invalidates Security

    In the recent case of Dollars & Sense Finance Limited v Rerekohu Nathan [2008] 2 NZLR 557, the Supreme Court sent a warning to lenders and their solicitors – tread carefully to ensure that you do not inadvertently appoint an agent whose actions you may be responsible for.
    AustraliaCorporate/Commercial Law
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Lingerie Lex Loci: Lessons in exclusive jurisdiction clauses

    A catwalk fight between lingerie purveyors delivers a lesson about enforcing exclusive jurisdiction clauses in contracts.
    AustraliaCorporate/Commercial Law
    Marque Lawyers
    Marque Lawyers
  • Article

    Misunderstood: Understanding memoranda of understanding (MOUs)

    An MOU usually records a transaction in advance and in anticipation of detailed and legally binding terms and conditions.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Motor vehicles: buyers beware

    The Motor Vehicle Standards Act (MVSA) is currently under review.
    AustraliaCorporate/Commercial Law
    Moore Australia
    Moore Australia
  • Article

    New South Wales Government Takes Aim At Subcontractor Retention Monies And Announces SOPA Overhaul

    The New South Wales Government announced the implementation of a long-foreshadowed retention trust scheme for the holding of subcontractor retention monies.
    AustraliaCorporate/Commercial Law
    Clyde & Co
    Clyde & Co
  • Article

    Privacy: how to have no regrets when selling or buying a business

    If selling or buying a business, it is important to consider the protection of your private and confidential information.
    AustraliaCorporate/Commercial Law
    Kells
    Kells
  • Article

    Retention of title (ROT) clauses under the PPSA

    The PPSA has significant implications on many businesses, especially those who supply goods on retention of title terms.
    AustraliaCorporate/Commercial Law
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Right to terminate contracts for insolvency

    The right to terminate a contract is now not enforceable if it is triggered by a party suffering an insolvency event.
    AustraliaCorporate/Commercial Law
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Sound advice – How not to be a Slave - when signing a record contract

    In a recent meeting with journalists, Prince said "record contracts are just like – I'm gonna say the word - slavery.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Supplier In Default – Can I Terminate?

    Before starting negotiations with a defaulting supplier, consider what might cause you to lose your termination rights.
    AustraliaCorporate/Commercial Law
    Marque Lawyers
    Marque Lawyers
  • Article

    Takeovers Panel seeks to clarify truth in takeovers

    Unacceptable circumstances will likely arise if a bidder makes another bid within 4 months of making a no increase statement. .
    AustraliaCorporate/Commercial Law
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    The devil is in the detail in Deeds of Restraint: Devil Dog Pty Ltd v Cook [2017] WASC 27

    This decision is a reminder on the importance of carefully drafting restraint of trade clauses in commercial agreements.
    AustraliaCorporate/Commercial Law
    MDC Legal
    MDC Legal
  • Showing 281–300 of 2835 results

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