Transaction documents: All parties' consent required to amend the ancillary agreements *

Australia - November 22 2012
If the parties to ancillary agreements are also party to the main sale agreement, it would now seem prudent for the documents to expressly deal with how the scheduled ancillary agreements can be amended.

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Side letters and collateral contracts: are they enforceable? *

Australia - November 8 2012
Any collateral contract which varies or supplements a principal agreement should be supported by separate consideration to enable that agreement to stand as a contract on its own.

Co-authors: Melissa de Jonk.

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The cost of regulatory approvals in M&A - "user pays"? *

Australia - September 27 2012
It would be difficult in practice to introduce fees for the informal merger clearance or FIRB process.

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Was the guarantee "signed"? *

Australia - September 13 2012
Even a seemingly informal use of the party's name (or the name of its agent) in correspondence with the other party can constitute a "signature" and thereby make a guarantee enforceable.

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The importance of comprehensive assignment provisions in debt trade documentation *

Australia - April 26 2012
As well as all legal and other remedies, the assignment should specifically provide that any restitutionary rights in respect of the assets are also assigned.

Co-authors: Nick Poole, Peter Bowden, Paul James.

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