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Can you guarantee that?
Two recent cases highlight the importance of precise wording in guarantees to enforce obligations effectively.
Read moreYou can’t charge me for that!
Australian 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
Contracts 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?
Michael 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
By 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…
Read moreAre employees’ details private?
By Jacqueline Monk, Special Counsel and Brian Powles, Partner Employers collect significant amounts of personal information from employees – ranging from innocuous details like phone numbers and email addresses all the way to biometri…
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