Australia: Contracts and Commercial Law

Businesses can apply separate caps to different risks, but the contract must state which claims and indemnities fall under each cap.

When a defendant in Queensland civil litigation wishes to pursue its own claim against the plaintiff, a counterclaim provides the procedural mechanism to do so within the existing proceeding. Understanding the technical requirements for pleading, serving, and answering counterclaims—including joinder of additional parties, limitation periods, and the effect of discontinuance—is essential for both claimants and respondents navigating commercial disputes.

Victoria's Commercial and Industrial Property Tax represents a fundamental shift in how commercial and industrial properties are taxed, replacing traditional upfront stamp duty with an annual property tax after a 10-year transition period. Understanding how this new regime affects property valuations, financing arrangements, and long-term ownership costs is crucial for anyone involved in commercial or industrial real estate transactions.

When can a commercial landlord in Queensland legally terminate a lease, and what procedural requirements must be followed? Understanding the distinction between a tenant's breach and the landlord's right to re-enter is critical, as non-compliance with the Property Law Act 2023 can invalidate termination attempts and expose landlords to legal risk.

Bankruptcy trustees can challenge pre-bankruptcy transactions under sections 120, 121, and 122 of the Bankruptcy Act 1966, targeting undervalued transfers, creditor-defeating arrangements, and preferential payments. Understanding the statutory tests, timing rules, and evidentiary requirements is essential for recipients facing clawback demands, as market value alone does not guarantee protection and poor documentation can prove decisive.

A statutory demand is one of the fastest and most powerful tools for recovering undisputed debts from Australian companies, engaging insolvency provisions that give debtors just 21 days to respond. While it creates significant commercial pressure that often leads to payment or negotiated resolution, it must be used carefully for genuinely undisputed debts to avoid being set aside and incurring adverse costs.

When a contract has been breached, one of the most significant financial consequences a business will face is the loss of profits attributable to the contract.

When a statutory demand leads to a winding up order, many assume the debt amount is beyond challenge. A recent case involving an invoice factor demonstrates how forensic payment analysis can uncover substantial discrepancies in claimed debts, potentially saving companies tens of thousands of dollars and changing the outcome of insolvency proceedings.

A recent New South Wales District Court decision is a timely reminder that, under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA), the validity of service may turn on how the parties have actually conducted themselves during a project. In Reform Projects Pty Ltd v Burge St Developments Pty Ltd [2026] NSWDC 96, the Court held that an email address may be specified for service of a payment claim by implication, even where the contract does not expressly nominate an email address for that purpose.