News & Blog

The obligation to act with “good faith and reasonableness” is a relatively modern, and continually evolving, area of contract law. This principle recently received some further consideration from the Federal Court of Australia in a legal battle conce...

Navigating the array of laws that impact on every facet of your company’s business can be a minefield. This two part series has a focus on some of the statutes that can impact upon you and your company, and ways to limit your personal exposure to lia...

An underappreciated fact when it comes to estate planning is that the monies held in a superannuation fund do not automatically form part of a person’s estate. Whilst in practice this can be an academic point for many executors managing an estate, if...

A recent decision of the Federal Circuit Court of Australia has demonstrated that the increased protections introduced by the vulnerable worker amendments to the Fair Work Act are being applied with real consequences for employers who underpay their ...

1. Section 90K(1)(aa) of the Family Law Act 1975 (Cth) provides that a court may set aside a financial agreement if the court is satisfied that a party to the agreement entered into the agreement for purposes including the purpose o...

Restraint clauses are not ‘one size fits all’. Typically, courts look less favourably on restraints imposed on an employee than restraints imposed on a vendor to protect the goodwill of a business in a sale. So to be enforceable, restrain...

In its first decision under the new unfair contracts regime that extends to standard form small business contracts, the Federal Court has found several terms to be unfair, and therefore, void. In October we published an

In certain circumstances, liquidators may be at risk of personal exposure to costs orders in litigation. The court’s approach to the making of costs orders against liquidators depends on (amongst other things) whether the liquidator is a named party...