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 […]
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Contracts
What to Watch Out for in Creative Contracts
We often come across clients who need to engage the services of a creative agency to create something for them. Often timing is an issue, so unfortunately it’s not uncommon […]
What Clauses Do You Spend Your Time On?
I was recently speaking at the IACCM Australasia Forum in Melbourne, where the latest top terms in negotiation were announced. The figures showed (similar to previous years of the same […]
The Cost of Developing a Contract Versus the Cost of Litigation
Recently I was asked to speak to a group about the cost of developing a contract versus the cost of litigation. The underlying driver of the question is that often […]
Balancing the Commercial Versus Risk Focus in Contracting
I was recently engaged in a discussion with various people about the difficulty in balancing the commercial versus risk focus in contracting. This is quite a topical subject, anyone who [...]
Consequential Loss – Reconsidering Your Boilerplates
We see all too often, commercial contracts where parties exclude liability for “consequential loss” where the clause and that term are merely boilerplates that are not given enough consideration. Recent [...]
Unfair Dismissal for Mental Illness
A recent case has highlighted the significant challenges and risks employers face when seeking to dismiss employees suffering from mental illness. Dismissing an employee at any time can be fraught [...]
Extended Warranties – Take Care!
Do you sell goods or services? Do you provide extended warranties? Then you need to read this important article to ensure you are on top of the new consumer law [...]
Contracting Risks in Major Projects: Dispute Resolution Clauses
The dispute resolution clause (together with the termination clause) is often one of the most awkward to negotiate in major projects – because the parties don’t really want to [...]
Let the Supplier Beware
The Australian Competition and Consumer Commission has signalled its intention to adopt a more enforcement-based approach to protect consumers. Early this year the consumer watchdog released an industry review of [...]
Dispute Resolution Clauses Under Fire
The dispute resolution clause (together with the termination clause) is often one of the most awkward to negotiate in major projects – because the parties don’t really want to think [...]
ACCC Wins by Forfeit in the First Unfair Contract Terms Case
Unfair terms and conditions will not be tolerated under the consumer watchdog’s unfair contract term rules. The Australian Competition and Consumer Commission (ACCC) has chalked up its first win on [...]
Tying Up Legal Loose Ends
The new year is almost upon us, and the time is now right to make yourself a list of the legal loose ends you should be aiming to tie up [...]
What does the customer class action against bank fees have to do with procurement?
The big banks have been under fire the past few years, with the biggest class action in history for the $5 billion they have raked in for fees like break [...]
Are Restraint Clauses Enforceable? (… and what’s the deal with those weird cascading clauses?)
When I talk about employment agreements with employers, I often hear murmurings that restraint clauses aren’t worth the paper they are written on. It is certainly true that the courts [...]
A further look at the use of “reasonable commercial endeavours”
We've written earlier about the terms "reasonable endeavours" and "best endeavours" and what they might mean when used in contracts. If you missed that check it out here. This time [...]
Tips for project descriptions and proposals
Usually your standard terms and conditions (client contract) will be a well thought out, legally prepared documents. But what happens with your project descriptions, proposals and scope of work documents [...]
Can an unsigned contract be binding?
I am often asked if unsigned contracts are legally enforceable. The answer in many instances is yes! This can sometimes be the case even if your document has the title [...]
Do confidentiality clauses in employment agreements hold any weight?
Does that confidentiality clause in your organisation’s employment agreements really produce any practical results when it comes to protecting the organisation from an indiscriminating employee? The case of Spotless Group [...]
Dangers in Tenders and EOIs – a follow up
Last month we reported on the case of Fabcot Pty Ltd v Port Macquarie-Hastings Council [2010] NSWSC 726. If you missed the article, the case related to a decision by [...]
