November 2016
Employment contracts: does a step back from implied terms mean that the goal posts are moving?
Trust and confidence – Barker In the 2014 case Commonwealth Bank of Australia v Barker (Barker), the High Court of Australia determined that there is no implied term of mutual trust and confidence in contracts of employment in Australia. This was considered by some as a sign that the foundations relied upon in employment contracts …
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Commercial and Retail Leasing: Bank Guarantee v Bond
It is typical for landlords to require tenants to provide security under a lease, to secure the tenant’s obligations under the lease. There are various types of security that may be provided, including bank guarantees, bonds and – where the tenant is a company – personal guarantees from the directors of the tenant entity. The …
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Unfair Contract Terms – A Change Is Coming
The unfair contracts legislation is being amended with effect from 12 November 2016 to apply to small businesses in addition to individuals. What is the current law? Unfair contract terms are regulated under the Australian Consumer Law – Competition and Consumer Act 2010 (Cth) Schedule 2 (CCA). Section 23 of the CCA states that any …
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