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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 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 moreTo notify or not to notify?
04 Sep 2024 Corporate Law M&ATreasury’s new merger reforms will require mandatory reporting to the ACCC for transactions meeting specific criteria, using both turnover and transaction value metrics. Consultation is open until 20 September 2024, with implementation ex…
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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