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Contracts

New legislation alert: Are you playing fair?

New laws come into effect in just a few months, that extend consumer unfair contract protections to small businesses and that will force all businesses to consider the enforceability of their Business-to-Business (B2B) standard term contracts. These new laws could significantly impact businesses who use B2B standard form contracts. And will also impact small businesses […]

Myer Under Fire: A Lesson in Compliance and Why Cost Should Never Be Your Only Consideration in Choosing a Supplier

Myer’s Corporate Practice The Fair Work Ombudsman (FWO) has criticised department store Myer’s corporate practice. This is in relation to a cleaning contractor that it alleges underpaid workers. The rebuke serves as a warning to all corporates. There is a need to ensure all business dealings are compliant to reduce the risk of formal redress […]

Indemnity Tips

Clients often tell us they spend the most time negotiating indemnity clauses in contracts but they value the outcome of this process the least. It is, unfortunately, a necessary evil in any properly negotiated contract. This article will break down the fundamentals of an indemnity and give you some tips to consider them from a [...]

Owner Left “Devastated” by Business Sale

A recent case in the South Australian Supreme Court provides a timely reminder to all businesses about the traps that lurk in business sale contracts and provides a useful overview of the potential dangers that need to be managed when dealing with earn-outs in a sale. The matter* involved the sale of an accounting practice […]

The Qualities that Define an Effective Contract – Issue 2

Do you wonder if your contracts are as effective as they can be? In the first of our two part series, we outlined two important qualities of an effective contract, namely simplicity and completeness. If you missed it, you can find it here. In this issue, we cover 2 more crucial qualities. Read on to […]

The Qualities that Define an Effective Contract – Issue 1

We are often so caught up in the process of an ongoing creation of contracts that we forget to sit back and analyse whether the contracts we are creating are as effective as they can be. So I have taken this opportunity to put together some notes on what defines an effective contract, and I […]

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