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Searching Content indexed under Contracts and Commercial Law by Corrs Chambers Westgarth ordered by Published Date Descending.
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1
Amendments to the NSW security of payment regime: what you need to know
These NSW security of payments reforms will apply to construction contracts entered into on and from 21 October 2019.
Australia
24 Aug 2019
2
Commercial contracts: when is there a binding lease agreement?
This case illustrates the danger of a tenant moving into possession of premises before a formal lease has been executed.
Australia
5 Jul 2019
3
Parent company guarantees cannot circumvent arbitration because they are not as good as cash
When drafting security that is to be as good as cash, ensure that purpose & intent are clear on the face of the agreement.
Australia
11 Jun 2019
4
How to choose the best contractual strategy for the construction of major projects
The risk-reward equation between the principal players associated with construction projects is extremely important.
Australia
21 May 2019
5
Corrs High Vis: Episode 34 - How should a court assess a claim for payment following termination for repudiation?
Contains a link to a podcast discussing upcoming HC decision affecting restitution, unjust enrichment and quantum meruit claims.
Australia
8 May 2019
6
A cautionary tale for joint venture parties – why arbitration works
This protracted and complex litigation contains a lesson for joint venturers of the importance of an arbitration clause.
Australia
15 Apr 2019
7
The without prejudice privilege – a recent cautionary tale
The ‘without prejudice' privilege must always be based on the purpose and content of any particular communication.
Australia
25 Mar 2019
8
AIAC standard form building contracts for construction industry in Malaysia: 2019 update
The Asian International Arbitration Centre's standard form contract is a first of its kind in the arbitration arena.
Australia
8 Jan 2019
9
The Fiocco Review: A step closer to national security of payment laws
The Fiocco Review recommends adopting a range of the Murray Review's recommendations, but also differs from that Review.
Australia
19 Dec 2018
10
The Building Industry Fairness (Security of Payment) Act 2017 (Qld) – Where are things at?
A number of changes to the BIF Act have been passed so that industry participants understand their new obligations.
Australia
16 Nov 2018
11
Set-off rights restored – WACA overturns Forge
When contracting with counterparties that become insolvent, creditors may not lose set-off rights for lack of mutuality.
Australia
29 Sep 2018
12
The Sale of Land Amendment Bill 2018 (Vic): What are the key changes?
The key change introduces restrictions on the ability of developers to exercise termination rights under a sunset clause.
Australia
17 Sep 2018
13
Gunjumping and voluntary merger control: ACCC challenges pre-completion cartel conduct
The ACCC targeted pre-completion conduct between two merging competitors by using the "cartel provisions" of the CCA.
Australia
24 Jul 2018
14
Cutting off the dead to save the living - construction contracts: Samsung v Duro [2018] WASCA 27; Duro v Samsung [2018] WASCA 28
An adjudicator's determination is valid if it is possible to sever any part that suffers from jurisdictional error.
Australia
23 Jul 2018
15
Supreme Court shuts the door on excluding liability for misleading or deceptive conduct claims
Liability for misleading or deceptive conduct claims pursuant to section 18 of the ACL cannot be excluded by contract.
Australia
17 Jul 2018
16
Corrs High Vis: Episode 28 – FIDIC and the Rainbow Suite of construction contracts
This Corrs High Vis podcast examines FIDIC's Rainbow Suite of construction contracts, including the new EPC contract.
Australia
11 Jul 2018
17
Contract rights excluded from the stay on the exercise of ipso facto provisions
A range of contract rights have been excluded by declaration from the stay on the exercise of "ipso facto" provisions.
Australia
2 Jul 2018
18
Exceptions to the stay on the exercise of IPSO facto provisions
New Cth regulations provide for a range of contracts to be excluded from the stay on the exercise of "ipso facto" provisions.
Australia
27 Jun 2018
19
Corrs High Vis: Episode 25 - Early contractor involvement
ECI contracting is becoming increasingly popular as a model for engaging with the market when procuring major projects.
Australia
18 May 2018
20
Joint ventures: Are the parties bound by fiduciary duties?
A detailed factual enquiry is required whenever parties seek to establish fiduciary obligations within a joint venture.
Australia
10 May 2018
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