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If the name of the favouree is listed incorrectly in the documentation, the bank may refuse to honour the guarantee.

The Supreme Court of New South Wales has ruled that a default interest rate of 3% per month, compounded monthly, constitutes an unenforceable penalty despite valid loan documentation. This landmark decision challenges traditional lending structures where borrowers receive discounted rates that revert to higher rates upon default, requiring lenders to demonstrate legitimate commercial justification for increased default interest rates.

If you're being pursued after signing a personal guarantee, you may be liable under that guarantee, or it may be invalid.

The 2017 COAG agreement on identity matching services committed all Australian governments to share identity information.

Senior associate Alfred Jackson examines whether assets held in a specific asset holding company are truly protected from creditors, focusing on the critical role of PPS leases. If a lessor fails to register their security interest properly, leased assets can vest in the lessee's trustee or administrator during insolvency, leaving the lessor as an unsecured creditor attempting to reclaim their own property.

There is a distinct procedure, when enforcing a statutory entitlement to progress payments under construction contracts.

The Court ordered the company director to be joined to the claim and indemnify the company for exposure to a costs order.

As part of the review of the Act, the Minister asked if insurance contracts should be subject to unfair contract laws.

Do so-called "back-to-back" reinsurance contracts provide cover co-extensive with the insurance, particularly where similar terminology is used?

If an insurance contract defines bold terms with specific meaning, unbolded terms are usually given an ordinary meaning.

Article discusses how legal systems and insurance policies fail to keep up with ever-changing service scenarios. .

Unfair contract terms protections have been extended under new legislation to include standard insurance contracts.

Understanding the critical distinction between business names and trade marks in Australia can save your business from costly rebranding and legal complications. While a business name simply allows you to trade, a registered trade mark provides exclusive legal protection for your brand and prevents competitors from using confusingly similar names in your industry.

In a victory which extends to parties involved in complex, document intensive litigation, the Supreme Court of Victoria on Friday...

When trust breaks down between business partners, the path forward can feel uncertain. PCL Lawyers provides clear guidance to business owners facing partnership disputes, helping them understand their legal position and practical options. Whether dealing with financial concerns, blocked access to business information, or pressure to exit the partnership, experienced litigation lawyers offer support through difficult decisions.

Vendor did not use 'best reasonable endeavours' to register the plan, so the purchaser validly terminated the contract.

The NSW Supreme Court has explored two very important features of the Security of Payment Act (SOPA) legislation in NSW.