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  • Article

    Put & call option deeds – vendors representatives should be careful to avoid this mistake…

    Recent case highlights that put & call option deeds are not the same as sale contracts. Be careful when drafting the terms.
    AustraliaReal Estate and Construction
    Kells
    Kells
  • Article

    Residential Focus - 8 November 2017: Part 1 - Contract void for illegality?

    The Court held that the contract for the sale of land was able to be performed lawfully, so it was not unenforceable.
    AustraliaReal Estate and Construction
    Holding Redlich
    Holding Redlich
Article

Sale of Land Act reforms - Presale contracts in WA

These reforms introduce greater protection for WA developers and purchasers when entering into land presale contracts.
AustraliaReal Estate and Construction
HopgoodGanim
HopgoodGanim
  • Article

    Schedule Of Rates Or Lump Sum? Pick Your Poison

    On 29 May 2020, the New South Wales Court of Appeal (Court of Appeal) handed down its decision in C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2020] NSWCA 103.
    AustraliaReal Estate and Construction
    Vincent Young
    Vincent Young
  • Article

    Security for Payment - Clear words needed to limit reference dates in building contracts

    Limiting exposure to ambush payment claims is a serious issue for owners/developers and contractors,.
    AustraliaReal Estate and Construction
    Holding Redlich
    Holding Redlich
  • Article

    Should the civil and construction industry re-evaluate the need for legal protection against the impact of insolvency?

    One simple measure to absorb some of the shock of insolvency is the use of statutory, cascading trust accounts.
    AustraliaReal Estate and Construction
    HHG Legal Group
    HHG Legal Group
  • Article

    The way of the future for conveyancing: Electronic exchange of contracts

    Electronic signatures mean that you can sign and exchange contracts anywhere in the world as long as you have internet.
    AustraliaReal Estate and Construction
    Aitken Lawyers
    Aitken Lawyers
  • Article

    Unconditional bank guarantee prevails again: Telvant Australia Pty Ltd v Acciona Infrastructure Australia Pty Ltd

    The validity of an unconditional bank guarantee was upheld, with the head contractor's right to call on that guarantee.
    AustraliaReal Estate and Construction
    Holding Redlich
    Holding Redlich
  • Article

    Valuer and Retail Leases Update: Lease or Licence?

    VCAT held that, by a review of the agreement, the intention of the parties was to create a licence and not a lease.
    AustraliaReal Estate and Construction
    Madgwicks
    Madgwicks
  • Article

    What Queensland subcontractors should do when they are not being paid - but usually they do not

    There are many risks when taking on work as a subcontractor in the Queensland construction industry.
    AustraliaReal Estate and Construction
    Bennett & Philp Lawyers
    Bennett & Philp Lawyers
  • Article

    Wilful breaches lead to the loss of an option for a winery

    Formal lease documents must be drafted correctly and parties to the lease must understand their contractual obligations.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Wind farm agreements require a strong understanding

    Wind farms are now an important part of the electricity network, but what about the landowner where the wind turbine is?
    AustraliaReal Estate and Construction
    Mellor Olsson
    Mellor Olsson
  • Article

    Countdown to CoR changes – Tip #5 for transport and logistics operators

    As part of the new CoR regime, ensure your contracts with subcontractors clearly document 'who is responsible for what'.
    AustraliaTransport
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    The fallout from the Res Cogitans case and expected changes to bunker supply contracts

    We explore recent developments in the on-going OWB saga, as well as potential changes to future bunker supply contracts.
    AustraliaTransport
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    The importance of getting any agreement in writing

    Given the importance on both contracts and terms of consignment under the HVNL, the safest way is to put it in writing.
    AustraliaTransport
    Holding Redlich
    Holding Redlich
  • Article

    Rome II Regulation On The Law Applicable To Non-Contractual Obligations

    Parties entering into commercial agreements should consider agreeing in advance the law which governs non-contractual as well as contractual obligations arising from their agreement.
    European UnionCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    Are Letters Of Comfort Legally Binding? Lessons From A NSW Court Of Appeal Decision

    Reminder for businesses, advisors and insolvency practitioners to carefully consider the language and legal effect of informal assurances between related parties.
    AustraliaCorporate/Commercial Law
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Barclays Bank plc v UniCredit Bank AG - consent clauses and the exercise of discretion

    Many contracts include clauses which provide that one party may decide whether to consent to a request by the other.
    AustraliaCorporate/Commercial Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Centralised business information registers and the introduction of Director Identification Numbers (DINs)

    The Modernising Business Registers program is a legislative package of five bills, the Registries Modernisation Law.
    AustraliaCorporate/Commercial Law
    ClarkeKann Lawyers
    ClarkeKann Lawyers
  • Article

    Out of control: Is a delay by a subcontractor or supplier a delay beyond your control?

    The case highlights the importance of proper drafting of contractual clauses if they are relied upon at a later time.
    AustraliaCorporate/Commercial Law
    Moray & Agnew
    Moray & Agnew
  • Showing 461–480 of 2835 results

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