LEGAL UPDATES – 26 October 2016

UPDATE: TENANTS BEWARE OF PROMISES TO BE “LOOKED AFTER”- HIGH COURT HANDS DOWN DECISION

In July, we updated you on a case that was awaiting the High Court of Australia’s decision. The case concerned a promise by a landlord that a tenant would be “looked after at renewal time”. The High Court has handed down its decision and confirmed that the “promise” was too uncertain to be legally enforceable by the tenant.

Recap on the Facts: Continue Reading

UNFAIR CONTRACT TERMS REGIME EXTENDED TO SMALL BUSINESS TRANSATIONS

From 12 November 2016, Federal laws which make so-called “unfair terms” in standard form consumer contracts legally unenforceable will be extended to apply to small businesses as well. Previously, these laws only applied to contracts where the product/service was purchased for personal, domestic or household use. With the extension of the laws imminent, time is of the essence for suppliers to small businesses to understand their impact and to take steps to ensure their contracts are in line with the new laws or revised in a way that assists their enforceability.

What is an “Unfair Term”? Continue Reading

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