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A surrogacy agreement is a written contract between the birth mother and the intended parents.

When does a high default interest rate cross the line from legitimate compensation to an unenforceable penalty? A recent NSW Supreme Court case examines the principles governing default interest provisions in loan agreements, revealing the critical factors lenders must consider when structuring their interest rate terms. The decision provides essential guidance on what evidence lenders need to justify material increases in default rates and how courts will assess whether such provisions constitute genuine p

Any security interest under a conditional sale (retention of title) agreement must be properly registered on the PPSR.

The Court was willing to accept that traditional ROT arrangements amounted to security in respect of the underlying debt.

Total bankruptcies fell while popular bankruptcy alternatives, debt agreements and personal insolvency agreements, rose.

Recent legislative changes are the beginning of the end for automatic contract termination due to an insolvency event.

The aim of the new regime is to preserve the enterprise value of a business undertaking a formal restructure process.

This decision clarifies the limitations of set-off in a liquidation scenario and a security interest under the PPSA.

When an Administrator is appointed, it is imperative that the supplier acts quickly in order to obtain payment in priority to what may be a long list of creditors.

The recent amendments have introduced a prohibition on the enforcement of ipso facto clauses in certain circumstances.

When contracting with counterparties that become insolvent, creditors may not lose set-off rights for lack of mutuality.

The Bill protects directors to pursue entrepreneurial and innovative restructuring approaches for struggling companies.

This is an important decision for the construction of excess policy wordings in a policy under a legislative scheme.

This was an important decision concerning the construction of excess policy wordings in an insurance policy.

Prospective insureds under professional indemnity policies are often asked about "known circumstances" when applying for cover - but what is a "known circumstance"?

Businesses should review their IP contracts to avoid penalties for breach of the competition law provisions of the CCA.

Parties negotiating IP licences should consider their agreements and what should happen if the contract is terminated.