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The obligation to negotiate in good faith

Holding Redlich
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Australia
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May 8 2013

The obligation to "negotiate in good faith" is often found in commercial agreements. This article briefly considers the meaning and enforceability of

Misleading and deceptive conduct: be wary of the silences - limited protection for commercial parties under the ACL

Herbert Geer
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Australia
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April 18 2013

There is a prohibition against misleading or deceptive conduct in trade or commerce under section 18 of the Australian Consumer Law (ACL) (the

Exclusive remedy clauses: are you left without a remedy?

Herbert Smith Freehills LLP
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Australia
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March 21 2013

As the name suggests, an exclusive remedy clause exhaustively spells out the remedies available to a party for a particular event. All other remedies

How to lose your goods in one delivery

Gadens Lawyers
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Australia
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May 1 2013

Suppliers of goods can no longer rely on a retention of title clause alone to recover goods supplied but not yet paid for. The introduction of the

Personal liability of directors to creditors overturned

Norton Rose Australia
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Australia
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June 8 2012

In our March 2012 Insurance Update we considered the potential widening of the scope for creditors to claim damages against a director personally for contravention of the Corporations Act 2001 (Act

When is a document executed as a deed in fact an agreement?

Clayton Utz
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Australia
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June 16 2010

When is a document that states that it is "executed as a deed" not, in fact, a deed?

High Court confirms broad power of courts to validate corporate contraventions

King & Wood Mallesons
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Australia
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May 6 2013

The High Court has adopted a broad interpretation of what constitutes a "contravention" of the Corporations Act 2001 (Cth) ("Act") or a company

Effective exclusion clauses in commercial contracts: 2 lessons for business owners

Turnbull Hill Lawyers
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Australia
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April 9 2013

A recent decision in the case of LA Rosa v Nudrill 2013 WASCA 18 serves as a reminder to all business owners that exclusion clauses in contracts

Signed, sealed and delivered - valid notices by email but when are they received?

Clayton Utz
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Australia
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April 11 2013

Contracts which expressly permit the giving of notices by email typically deem the notice to have been received at: the time the email is sent by

The Centro experience twelve months later

Piper Alderman
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Australia
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August 14 2012

It has been twelve months since Justice Middleton of the Federal Court of Australia delivered his judgments on liability and penalties in ASIC’s case against the Centro directors

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Search results

The obligation to negotiate in good faith

Misleading and deceptive conduct: be wary of the silences - limited protection for commercial parties under the ACL

Exclusive remedy clauses: are you left without a remedy?

How to lose your goods in one delivery

Personal liability of directors to creditors overturned

When is a document executed as a deed in fact an agreement?

High Court confirms broad power of courts to validate corporate contraventions

Effective exclusion clauses in commercial contracts: 2 lessons for business owners

Signed, sealed and delivered - valid notices by email but when are they received?

The Centro experience twelve months later

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