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Searching Content indexed under Contracts and Commercial Law by Colin Biggers & Paisley ordered by Published Date Descending.
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1
When do lease negotiations and documents become binding?
The Court held that the sublessee was bound after signing and submitting the sublease, before the sublessor had signed.
Australia
9 Sep 2019
2
Carrier not liable for loss of or damage to cargo - The Elin
Express terms in the bill of lading were found to be effective to exclude liability for negligence and unseaworthiness.
Australia
22 Aug 2019
3
Force majeure clauses and the case of The MV Muammer Yagci
Does cargo seized by local authorities causing a delay fall under the definition of government interferences in the contract?
Australia
14 Aug 2019
4
Consecutive owners of cargo: who holds title and the right to sue?
Article explains that the party who retains title or holds the bill of lading has the right to sue.
Australia
4 Jun 2019
5
Sale of Land Act 1962 (Vic) proposed amendments - what you need to know
Off-the-plan contracts, non-disclosure offences and terms contracts for residential land in Victoria will be affected.
Australia
14 Jan 2019
6
Rights of set-off against an insolvent company
This case supports parties seeking to rely on traditional set-off in construction or other contracts after a liquidation.
Australia
12 Nov 2018
7
The pitfalls arising from variations of deeds for property transactions
Parties should consider a deed of variation when amending option deeds, instead of emails or other casual correspondence.
Australia
12 Nov 2018
8
National Review of Security of Payment Laws by John Murray AM released
The final report of the Review of Security of Payment Laws recommends changes for the building and construction sector.
Australia
7 Jun 2018
9
Insights into the interpretation of a professional indemnity insurance policy
Insurers should be aware that issues with an insurance policy wording are usually construed against the policy drafter.
Australia
19 Mar 2018
10
Schools must review enrolment contracts to protect legal interests
There is an increasing trend of parents refusing to pay fees or taking other forms of legal action against the school.
Australia
5 Feb 2018
11
Commencing proceedings before complying with dispute resolution procedures under a contract
Where parties to a commercial contract agree to a dispute resolution procedure, they should comply with that procedure.
Australia
11 Dec 2017
12
Rights on insolvency restricted in recent amendments to the Corporations Act 2001
The recent amendments have introduced a prohibition on the enforcement of ipso facto clauses in certain circumstances.
Australia
9 Oct 2017
13
Options require strict compliance
This retail lease case provides an in-depth assessment of what an option is and what is required to exercise an option.
Australia
4 Sep 2017
14
FWA takes a slice at franchisees
After finding significant underpayments and sham contracts, other popular franchisees have been investigated by the FWO.
Australia
14 Aug 2017
15
Total and Permanent Disability (TPD) insurance policy given businesslike interpretation
This case is also a reminder that insurers should ensure that their policies, with defined terms, are clearly drafted.
Australia
10 Jul 2017
16
Landmark Fair Work Ombudsman prosecution - When the EZY road turns out to be risky
Corporate advisors should ensure that they could not be found liable for their clients' breaches of the Fair Work Act.
Australia
5 Jul 2017
17
Restraint of trade clauses in business sale agreements
This case demonstrated the importance of drafting clear and concise restraint of trade clauses in commercial agreements.
Australia
12 Jun 2017
18
Online conveyancing: If you are not already using online conveyancing, here are six reasons why you should
Electronic contracts are becoming the new norm in off the plan property sales, so use them to purchase your property.
Australia
5 Jun 2017
19
Building and Construction Industry Security of Payment Act: Service via USB
Parties should consider including provisions in construction contracts to allow for electronic service of documents.
Australia
1 May 2017
20
Option agreement to purchase property: strict compliance a must
To ensure that an option is validly exercised, strict compliance with the terms of the agreement must be observed.
Australia
3 Apr 2017
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