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Searching Content indexed under Contracts and Commercial Law by Clayton Utz ordered by Published Date Descending.
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1
Get it right! There is no substitute for clear drafting in property dealings
Parties can assume significant risks if the terms of the document aren't clear or don't clearly reflect their intentions.
Australia
19 Feb 2018
2
5MF: 5 Minute Fix of major projects and construction news: 03
This third article discusses four recent construction contract law cases: ambiguity, clarity, good faith and emails.
Australia
2 Feb 2018
3
New car retail industry on notice: ACCC releases final report
Australian car dealers and importers will need to upgrade their consumer law compliance to avoid ACCC investigations.
Australia
22 Dec 2017
4
Deleveraging to control
New innovative structures are being utilised to delever distressed Australian companies in order to control transactions.
Australia
20 Dec 2017
5
ACCC wins first B2B unfair contract terms case
Eight terms in the standard form contract used to engage small businesses were declared to be unfair and therefore void.
Australia
28 Oct 2017
6
Be careful what you click - jurisdictional issues lurk when contracting online
While it is easy to simply click the "I agree" button or similar, it is still advisable to skim the terms and conditions.
Australia
29 Sep 2017
7
Taking out the trash: ACCC brings first unfair contract terms case
Businesses should take particular care to review the terms of their standard form B2B contracts with small business.
Australia
17 Sep 2017
8
One step closer: the QCA draft decision on the Aurizon Network proposed Standard User Funding Agreement (SUFA)
The QCA was conscious of the need for the SUFA framework to provide a genuine alternative to facilitate CQCN expansions.
Australia
22 Aug 2017
9
Major decision on set-off and security interests in insolvency may lead to significant contractual change
This decision clarifies the limitations of set-off in a liquidation scenario and a security interest under the PPSA.
Australia
9 Jun 2017
10
Enterprise agreement drafting: the value of getting it right - and the way to do it
Ensure drafting of clauses is as clear and unambiguous as possible and precisely reflects the intention of the parties.
Australia
26 May 2017
11
How the fine print can affect criminal prosecutions: defeating fraudsters with terms and conditions
The case illustrates the importance of getting terms and conditions right - ensuring that they do what they need to do.
Australia
26 May 2017
12
Managing litigation risk - Part 1: stop disputes arising
Sensible and practical steps should help your business to reduce the risk of disputes from arising in the first place.
Australia
14 May 2017
13
The right to call an unconditional bank guarantee – do you say it best when you say nothing at all?
The conventional view is that an unconditional bank guarantee to secure performance of a contract operates autonomously.
Australia
14 May 2017
14
High Court wont hear case on IP licences surviving the end of the contract
If you're negotiating a contract with an IP licence, think about what happens to the licence once the contract ends.
Australia
23 Apr 2017
15
Unfair tender processes – will tenderers have a remedy if there's no process contract?
Estoppel can provide a remedy if they prove the tender process was not conducted fairly, or in accordance with the RFT.
Australia
17 Mar 2017
16
Review price parity and principal / agent arrangements now, following Flight Centre decision
The Flight Centre decision could impact any price parity / MFN clauses and many principal / agent relationships.
Australia
21 Dec 2016
17
The ACCC releases a report on unfair terms in business-to-business contracts and says get ready for enforcement
The ACCC released a report on a review it conducted of potentially unfair terms used in business-to-business contracts.
Australia
28 Nov 2016
18
Clash of the titans: PPSA vs insolvency
This case discussed the interaction between insolvency and PPS law, particularly retention of title security interests.
Australia
 
17 Nov 2016
19
Rethinking response to regulation: why insurers need to adapt and embrace a whole of business approach
Recent reports from the ASIC and the APRA foreshadow increased scrutiny of insurers and insurance in the future.
Australia
10 Nov 2016
20
Amendments to the Construction Contracts Act 2004 (WA): good for some, not so good for others
These amendments will significantly impact the position of principals/head contractors to construction contracts.
Australia
17 Oct 2016
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