Australia: Contracts and Commercial Law

Facing overwhelming debt can feel isolating, but understanding your options is the first step toward financial recovery. Whether you're considering informal repayment arrangements, formal debt agreements, or bankruptcy, each pathway offers distinct advantages depending on your circumstances. This comprehensive guide breaks down the three main personal insolvency options available in Australia, helping you determine which solution best fits your financial situation.

Victoria's amended Security of Payment Act introduces significant changes to how contractors can claim the return of performance security and limits principals' rights to call on that security. The new statutory framework creates a formal process for security claims and imposes notice requirements that fundamentally alter the commercial risk allocation between parties in construction contracts.

While the facts of the decision in Leto v Secretary Department of Customer Service [2026] NSWCATOD 26 (Leto v Secretary) are obviously very specific, an insolvency in an applicant’s trading history is frequently...

Major reforms to the Building and Construction Industry Security of Payment Act 2002 (Vic) came into effect on 15 April 2026. The reforms overhaul key aspects of the security of payment regime and represent the most significant changes to the legislation in nearly 20 years.

The Fair Work Commission has issued an emergency road transport contractual chain order requiring businesses in the road transport industry to adjust rates to account for increased fuel costs arising from Middle East conflicts. This order applies broadly across road transport contractual chains, imposing immediate obligations on primary and secondary parties to ensure fuel cost recovery flows through the supply chain.

Contested claims are determined by an adjudicator within that period, with power to determine the value of the claim on an interim basis. There is very little scope for appeal and an underlying philosophy of ‘pay now, argue later’, with the solvency risk sitting up the chain.

Examines how Australian courts assess claims for default interest clauses, explaining why such clauses attract closer scrutiny than ordinary contractual interest.

Restructuring & Insolvency Comparative Guide for the jurisdiction of Australia, check out our comparative guides section to compare across multiple countries

The foundations for the landing areas of the new Dubai International Vertiport are complete, and with the country's Advanced Air Mobility (AAM) regulations already in force, Dubai is on track to soon launch commercial...