Welcome to our series that chronicles the entrepreneurial venture of Alex and Jordan, two seasoned professionals who are venturing into the burgeoning field of construction technology in Southeast Queensland. This series isn’t just a narrative about business growth; it’s a deep dive into the legal intricacies and challenges faced when pioneering in a tech-driven industry. continue reading
Understanding Freedom of Contract Freedom of contract is a legal principle that empowers contracting parties to negotiate and establish their agreement’s terms without any external interference, particularly from the government. It forms the bedrock of a liberal constitutional state and is a vital component of civil law in many countries. Freedom of contract is an continue reading
The Australian Government’s legislative reforms on Unfair Contract Terms (UCTs) are a significant development in the business landscape. This article explores the key changes, their implications, and the necessary precautions that businesses must take to ensure compliance. Unfair Contract Terms (UCT) Law: An Overview Australia’s UCT regime, embedded within the Australian Consumer Law (ACL) and continue reading
Freedom of Contract is a fundamental concept that permits parties to negotiate their agreements freely. However, this freedom must be balanced with the necessity to protect consumers and small businesses from unfair practices. This article discusses the challenges faced in achieving this balance and proposes recommendations for improvement. What is Freedom of Contract? Freedom of continue reading
Contracting with small businesses or consumers will become a risky business from 9 November 2023 as changes to the use of unfair contract terms come into effect (the Regime). Parties will be faced with significant repercussions for contracting with unfair terms in standard form contracts. The Regime applies to both consumer contracts (i.e. contracts with continue reading
The building and construction industry is facing increasing costs, and shortages of materials and trade supplies, leaving many building companies struggling to sustain their operations. Homeowners are often left in a disadvantaged position as a result. When builders go bust, it is important that homeowners take appropriate steps to ensure completion of the construction of continue reading
Creditors often ask whether they are entitled to lodge a caveat over a debtor’s property as a mechanism for securing payment of outstanding debts. While it is in force, a caveat prevents the registration of certain dealings affecting the land in relation to which it is lodged. Relevantly, a registered caveat will prevent the transfer continue reading
Recovering loss of bargain damages following termination of a lease Most commercial leases contain clauses outlining the circumstances in which: the tenant will be in breach; and the landlord will be entitled to terminate the lease and recover any resulting loss or damage. Subject to certain restrictions and notice requirements1, termination in reliance on an continue reading
It is commonplace for family members to loan money to other family members. As blood is said to be thicker than water, there is often little thought about documenting the agreement, let alone agreeing to clear repayment terms. In circumstances where a party loans another party money without any terms of repayment, the loan is continue reading
The application of the Special Wives’ Equity on the enforceability of personal guarantees It is common for the family home and other significant assets to be registered solely in the name of a wife in circumstances where her husband operates a business or is otherwise at risk of claims made by third party creditors (the continue reading
These are precarious times for the building and construction industry. This uncertainty is often heightened by standard form building contracts containing little in the way of guidance when it comes to a party being ‘otherwise in substantial breach’ of their obligations. Terms such as ‘substantial breach’ are seldom defined in these building contracts, and it continue reading
