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Searching Content indexed under Contracts and Commercial Law by Graham Roberts ordered by Published Date Descending.
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Date
1
Statutory demands and disputes regarding the meaning of a contract
Early notice of the grounds of dispute should be given to the creditor, to guard against a statutory demand being issued.
Australia
10 Jul 2019
2
Pitfalls of instalment land contracts in Queensland: can the purchaser refuse to settle?
Vendors to land sale contracts in Queensland should be aware of conditions that could result in an instalment contract.
Australia
25 Nov 2017
3
Unconditional bank guarantees: like cash in the bank. But not always …
When negotiating any contract, you must carefully consider the wording of any terms relating to a bank guarantee.
Australia
20 Oct 2017
4
Insolvency insights: Ipso facto clauses – is there still time to ramp up your contract so you can terminate for insolvency events?
Commercial contract managers should review all existing contracts now, to protect their legitimate commercial interests.
Australia
16 Oct 2017
5
Dangers in using and relying upon directors' electronic signatures
This case was a reminder for directors and any person in business using, or seeking to rely on, an electronic signature.
Australia
27 Feb 2017
6
Insolvency insights: Receiver sues secured creditor for professional fees
Provisions in appointment documents must be carefully considered, particularly clauses relating to receiver payments.
Australia
21 Dec 2016
7
Foreign judgments, foreign contracts and dangers of jurisdiction clauses
When negotiating a contract with a foreign entity, carefully consider any jurisdiction and choice of law clauses.
Australia
29 Jul 2016
8
Subject to contract: Is our email exchange a binding contract?
In some circumstances, the parties may be immediately bound to the terms, even though a formal contract is not executed.
Australia
11 Aug 2015
9
Failing to comply with Banking Code of Practice costs bank $6 million
The Banking Code of Practice has contractual force and failure to comply can expose the bank to a claim for damages.
Australia
16 Apr 2015
10
Companies and perils of ostensible authority: the danger of paying money to a third party and not to the creditor
A prudent debtor should insist upon clear authorisation from the company before making the payment to a third party.
Australia
6 Apr 2015
11
Has the company correctly signed the contract? Personal liability of directors for incorrectly signed contracts
If a contract is incorrectly signed, directors who purport to sign on behalf of the company could be personally liable.
Australia
30 Jan 2015
12
Trade supply applications and enforcement of guarantees – a timely reminder
It is not uncommon for guarantors to raise technical defences when seeking to avoid liability.
Australia
21 Dec 2014
13
Can you seek specific performance of a clause in a contract after termination?
Specific performance could only be ordered in relation to the whole of the contract, not merely to a particular term.
Australia
6 Oct 2014
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