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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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