Australia: Contracts and Commercial Law

The Supreme Court of New South Wales has ruled that a default interest rate of 3% per month, compounded monthly, constitutes an unenforceable penalty despite valid loan documentation. This landmark decision challenges traditional lending structures where borrowers receive discounted rates that revert to higher rates upon default, requiring lenders to demonstrate legitimate commercial justification for increased default interest rates.

In today's retail investment market, transaction success increasingly depends on the quality of execution rather than the asset alone. As buyers conduct deeper due diligence and price risk more carefully, shopping centre owners must proactively manage execution risk—from tenant documentation to regulatory approvals—to maintain competitive advantage and preserve transaction value.

Senior associate Alfred Jackson examines whether assets held in a specific asset holding company are truly protected from creditors, focusing on the critical role of PPS leases. If a lessor fails to register their security interest properly, leased assets can vest in the lessee's trustee or administrator during insolvency, leaving the lessor as an unsecured creditor attempting to reclaim their own property.

When a company enters liquidation with little or no assets, how does the liquidator fund investigations and pursue potential recoveries? This article examines the statutory framework under Section 545 of the Corporations Act 2001 and explores why liquidators may seek creditor funding to investigate misconduct, pursue voidable transactions, and maximize returns to stakeholders.

Selecting the right corporate immigration law firm in Australia requires understanding the intersection of regulatory compliance and commercial workforce reality. This guide examines the evaluation criteria that matter most for HR managers, in-house counsel, and executives managing 482 visa sponsorship, Subclass 186 permanent residency pathways, and ongoing sponsor compliance obligations.

The NSW Court of Appeal’s decision in Piety Developments Pty Ltd v Cumberland City Council is a timely reminder that, for councils, passing a resolution to “accept” an offer is not the same thing as entering into a legally binding contract. Even where a resolution is passed in open session, livestreamed, and later recorded in Council minutes, it may still fall well short of creating enforceable contractual rights.

Commercial disputes can often be resolved without the need for costly and time-consuming court proceedings. Through strategic negotiation, mediation, and properly structured settlement agreements, businesses can achieve faster, more certain outcomes while maintaining control over the resolution process. Understanding your contractual rights and adopting a well-planned approach to dispute resolution can lead to favourable settlements that avoid the risks and expenses of litigation.

If you hold at least 90% of the shares in a company, you can compulsorily acquire the remaining shares. A process known as compulsory acquisition. This framework allows you to access the benefits of full ownership, including streamlined decision-making, elimination of minority shareholder disputes, and complete control over corporate strategy. It also serves an important commercial purpose by facilitating corporate consolidation and removing the complexities of fragmented ownership structures. This article outlines the different ways compulsory acquisition of shares may occur and how each works.

In late June 2026, Treasury released a report on its review of amendments to the unfair contract terms (UCT) provisions introduced by the Treasury Laws Amendment...