Unfair terms in business to business contracts

Unfair terms in business to business contracts

Australian competition and consumer law provides protection against unfair contract terms in standard form contracts, making them void. Standard form contracts are not legislatively defined, but gener...
What is the difference between assignment and novation

What is the difference between assignment and novation?

Transferring rights in a contract can be a bit like a game of musical chairs, where someone else steps into your position, usually by means of an 'assignment' or a 'novation'. The words 'assignment' a...
New Year Legal Checklist for Retailers

New Year Legal Checklist for Retailers

Want to start the new year on the best foot?  We recommend spending some time to check off the following list to make sure everything is in order for the new year. Review your existing co...
Did you know the way you sign a contract matters?

Did you know the way you sign a contract matters?

One thing that often confuses people is the difference between execution clauses that look like this: EXECUTED by Company Pty Ltd in accordance with s 127 of the Corporations Act 2001 VS SIGNED for an...
5 common mistakes in signature clauses

5 common mistakes in signature clauses

Signing a document incorrectly can make it completely invalid. I have reviewed more contracts than I can count – including contracts prepared by businesses themselves in order to save on costs.  In...
Are you paying lazy tax?

Are you paying lazy tax?

Lazy Tax: Paying money for something unnecessarily when a little effort may save you money. Reviewing your agreements before they automatically renew could allow you to renegotiate the terms and save...
Review your returns policies!

Review your returns policies!

Are your returns policies compliant with the Australian Consumer Law? In November last year, the ACCC announced that it will be cracking down on clothing retailers, particularly those trading online,...
Take care in drafting your small business contracts

Take care in drafting your small business contracts

Are your small business contracts 'fair'? With the ACCC cracking down on the newly-extended unfair contract term laws that now apply to standard form small business contracts, it is more important...
Contracting with Amazon

Contracting with Amazon

With Amazon entering the Australian market, many retailers are considering selling their goods via the Amazon platform.  If you are considering entering into an agreement with Amazon you should consid...
5 commonly missed clauses in hire/rental agreements

5 commonly missed clauses in hire/rental agreements

I have reviewed a number of rental agreements and sometimes I shudder at the lack of protection, given the value of the equipment that is being rented.  Other times a new client will come after they h...