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Can you guarantee that?
01 Nov 2024 Commercial Law Commercial Law M&ATwo recent cases highlight the importance of precise wording in guarantees to enforce obligations effectively.
Read moreYou can’t charge me for that!
04 Oct 2024 Commercial Law Commercial Law FinanceAustralian law makes enforcing liquidated damages clauses tricky, even if both parties agreed. A recent case (Zheng v Chen) highlights the need for reasonable default interest rates to ensure enforceability.
Read moreJacqueline Monk
04 Jul 2024 Commercial LawJacqueline is a senior commercial lawyer with both private practice and inhouse experience. She offers agile and practical legal advice for today’s fast-paced businesses, with an eye to clients’ strategic objectives. Her experti…
Read moreDid you get approval? The Hidden Costs of Overlooked Conditions
10 Sep 2024 Commercial Law Corporate Law Capital Raising Commercial Law M&AContracts often have conditions that must be met, such as shareholder approval conditions. In a recent NSW District Court case, missing a condition led to costly consequences when CXI Software failed to get shareholder approval for converti…
Read moreDo you know what you signed up for?
29 Aug 2024 Commercial Law Commercial LawMichael Hill’s dispute with Gispac over hyperlinked T&Cs in purchase orders led to a $2 million judgment. The NSW Supreme Court upheld that T&Cs can be binding even if unread. This case highlights the importance of reviewing all terms in …
Read moreCrowdStrike & Delta – Excluding Liability
Commercial Law Commercial LawBy Jacqueline Monk, Special Counsel While we don’t know the specific terms of the software agreement between CrowdStrike and Delta Airlines, the accusations that have been flying between the two are a good reminder to make sure your a…
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