Australia: Contracts and Commercial Law

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.

Unreasonable Manipulation, Unreasonable Distortion (Dark Patterns) To Be Banned—Stronger Protections Regarding Subscriptions And Drip Pricing—Unfair Trading Prohibition Proposed

As it had foreshadowed, the Australian Government has released an exposure draft of the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 (Bill).

Australia Anti-trust

KG

K&L Gates LLP

Navigating Venture Capital term sheets: Key clauses for companies to consider

Outlines key term sheet clauses for target companies to consider.

Australia Commercial

HR

Holding Redlich

It Depends – I'm ready to sell my business – how will I get paid?

Transcript & link to video exploring the various ways you can get paid when selling your business.

Australia Commercial

CG

Cooper Grace Ward

Understanding liquidated damages in commercial contracts

Liquidated damages clauses provide certainty & protection in commercial contracts, but they must be carefully drafted to avoid risk of being struck down as penalties.

Australia Commercial

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PCL Lawyers

Rose v Manno Kingsway Pty Ltd (As Trustee For The Manno Kingsway Unit Trust) [2025] NSWCA 23

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Default Interest Clauses – Complete Guide

Australia Commercial

SL

Stonegate Legal

Restructuring & Insolvency Comparative Guide

Australia Insolvency

FC

FTI Consulting

Roadmap For Advanced Air Mobility Type Certification: Flying Towards A Collaborative Future

Australia Transport

KG

K&L Gates LLP

A $100 Million Drafting Mistake? Supreme Court Of NSW Clarifies Principles On Rectification Of Contracts

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Novation Of Contract In Australia

Australia Commercial

SL

Stonegate Legal

Manufacturing Agreements: Essential Legal Framework

Australia Commercial

L

LegalVision

Franchise Territory Sale: Contract Requirements

Australia Commercial

L

LegalVision

Contract Repudiation: What Exactly Is It?

Australia Commercial

SL

Stonegate Legal

Treasury Updates Merger Rules

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

Cyber Security: A Month In Retrospect And Our Latest Podcast (Australia - January 2026)

Worldwide Technology

KL

Herbert Smith Freehills Kramer LLP

NSW Fine Check: Your Complete Guide to Checking & Managing Fines in 2026

Australia Criminal

JS

JB Solicitors

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Employing Work And Holiday Makers Beyond Six Months | Staying Compliant

Australia Immigration

IL

Interstaff Immigration Agency

Victoria Duty Alert: Further Clarification Of Economic Entitlement Rules

As foreshadowed in our Tax Note regarding the administration of the economic entitlement provisions in Part 4B of Chapter 2 of the Duties Act 2000...

KL

Herbert Smith Freehills Kramer LLP

Queensland Releases New Guidance For Seeking Exemptions From The Foreign Stamp Duty And Land Tax Surcharges

The Queensland Government on 15 December 2025 published public rulings GEN012.1 (GEN Ruling) and LTA000.6.1 (LTA Ruling) regarding the new ‘administrative arrangements' that govern exemptions from additional...

KL

Herbert Smith Freehills Kramer LLP

I Am Selling My Business. How Do I Handle The Sale Of Stock?

This article explains what a business sale agreement should include for stock sales and how to address disputes involving stock.

Australia Commercial

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LegalVision

Signing Incomplete Legal Documents – Are They Binding Or Not?

It depends on the background facts including, for instance, what was actually signed, how that came about, what the person understood at the time, amongst other things.

Australia Commercial

BP

Bennett & Philp Lawyers

It Depends – Is My Business Ready For Sale?

Australia Commercial

CG

Cooper Grace Ward

MAC Disputes, The Takeovers Panel And FIRB – Reflections On Mayne Pharma's Battle With Cosette

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

A Divorce, A Debt And A Duty: Shao v Crown Global Capital Pty Ltd

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Structuring And Managing A Joint Venture: Effective Dispute Resolution Mechanisms

Australia Commercial

HR

Holding Redlich

Promissory Estoppel: "One day all this will be yours..." - Which case won?

Australia Commercial

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Stacks Law Firm

Revised Commonwealth Procurement Rules—Prioritising Ethical Australian Business

Australia Commercial

KG

K&L Gates LLP

Structuring And Managing A Joint Venture: Laying The Foundations

Australia Commercial

HR

Holding Redlich

The case for indemnities - How they work in practice

Australia Commercial

BP

Bartier Perry

Quantum meruit to the rescue? Maybe, but don't count on it.

Australia Commercial

BP

Bartier Perry

Australian Private Debt Market Review 2025

Australia Commercial

AM

Alvarez & Marsal

Structuring And Managing A Joint Venture: Laying The Foundations

A comprehensive checklist for setting up a joint venture, helping businesses think through key legal matters and build a strong foundation for a sustainable and profitable venture.

Australia Commercial

HR

Holding Redlich

The case for indemnities - How they work in practice

Indemnity clauses are useful but draft them carefully as courts interpret them narrowly & in favour of the indemnifier; balanced & clearly worded clauses are best.

Australia Commercial

BP

Bartier Perry

Quantum meruit to the rescue? Maybe, but don't count on it.

Quantum meruit is a last resort & is only available when no enforceable contract exists, or work is performed outside the contract's scope.

Australia Commercial

BP

Bartier Perry

Australian Private Debt Market Review 2025

Australia's private debt market is undergoing a revolution. Once a niche segment of the financial landscape, it has now emerged as a central pillar of capital deployment, with assets under management reaching an impressive...

Australia Commercial

AM

Alvarez & Marsal

Why the Contractors Debts Act 1997 (NSW) matters for NSW Government Agencies

Australia Commercial

BP

Bartier Perry

The Roses Have Wilted And Only A Few Less Thorns—Australia's Finalised Third Party Debt Test Guidance

On 1 October 2025, the Commissioner of Taxation (Commissioner) updated his draft guidance (Draft Guidance) on the third party debt test (TDPT) by publishing...

AM

Alvarez & Marsal

Your Next ASIC Invoice – Indicative Costs ASIC's 2024-2025 Regulatory Levies Released

AFSL holders should make sure to include the levy in cash flow projections moving forward to avoid any inadvertent breaches.

Australia Finance

SG

Sophie Grace Pty Ltd

Decision Alert: QSC Confirms That Ex Gratia Relief Generally Not Subject To Judicial Review In Karrabin Estate

On 17 October 2025, Freeburn J of the Queensland Supreme Court delivered judgment in Karrabin Estate Pty Ltd, Hayview Developments Pty Ltd & Avon capital (Australia) Limited v Commissioner of State Revenue [2025] QSC 263 (judgment here).

KL

Herbert Smith Freehills Kramer LLP

The Turnaround Tightrope: Insights From The 2025 Annual Turnaround Survey

In August 2024, Alvarez & Marsal (A&M) partnered with the Turnaround Management Association Australia (TMA) to survey over 140 TMA professionals on the key trends shaping the turnaround profession and broader economy.

Australia Commercial

AM

Alvarez & Marsal

Are there tax implications when engaging influencers?

Australia Commercial

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LegalVision

Generating Value From ESG - A Guide For Boards And Organisations

Australia Commercial

AM

Alvarez & Marsal

ATO Finalises Guidance On The Equity Funded Dividends Integrity Rule

KL

Herbert Smith Freehills Kramer LLP

NSW Supreme Court finds slab defects do not guarantee full replacement

Australia Real Estate

BN

Barry Nilsson

Epic Games Secures Landmark Victory Against Apple and Google

Australia Commercial

CG

Clifford Gouldson Lawyers

Construction Productivity — Building Better: How Can Resource Companies Boost Productivity?

Australia Real Estate

AM

Alvarez & Marsal

Understanding Australia's Construction Industry Collapse Crisis

Australia Real Estate

IG

IR Global

AS4000:2025 – What is all the fuss about?

Australia Real Estate

S

Swaab

Decision Alert: NSW Supreme Court Confirms Intragroup Relief For Transfer Of Tenant-in-common Interest

KL

Herbert Smith Freehills Kramer LLP

Break Fees – A Case For Exceeding The 1% Guideline

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Navigating the Process of Securing Funding for Your Cross-Border Entity

Australia Commercial

L

LegalVision

No Forgone Conclusion: A Harsh Lesson in Enforcing Security of Payment Statutory Debts

Australia Commercial

PA

Piper Alderman

Can You Enforce An Unsigned Contract?

Australia Commercial

L

LegalVision

Time's Up: NSW Court Of Appeal Reminder About The Importance Of Understanding And Hitting Security Of Payment Deadlines

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

The Danger Of Oral Agreements

Australia Commercial

CG

Coleman Greig Lawyers

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Latest Videos

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De facto financial agreements

JS

JB Solicitors

Signing loan documents electronically

BP

Bennett & Philp Lawyers

It Depends – Why should I sign multiple copies of my trust deed?

CG

Cooper Grace Ward

Changes to the NSW Security of Payment Act

CG

Coleman Greig Lawyers

Corrs High Vis: Episode 44 – Building and Construction Industry (Security of Payment) Bill 2020 (WA)

CC

Corrs Chambers Westgarth

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