Australia: Contracts and Commercial Law

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Article
What Is The Liability Under A Contractor Agreement In Australia?
A contractor agreement determines who pays when work goes wrong. Independent contractors carry their own commercial risk, unlike employees, so the agreement allocates that risk in detail. Liability commonly arises from breach of contract, intellectual property infringement, and breaches of confidentiality. Indemnities, liability caps and insurance requirements are the three tools that allocate it. Australian law puts limits on that allocation. Consumer guarantees under the Australian Consumer Law apply automatically, and no contract can exclude them.
Australia Commercial
L
LegalVision
Article
How Can You Retain Intellectual Property When A Client Will Not Pay?
A service provider who has not assigned their intellectual property still owns it, regardless of what the invoice says. Under the Copyright Act 1968 (Cth), the creator owns copyright by default, and ownership moves only by written assignment. Paying a designer or developer does not transfer ownership on its own. That default gives service providers real leverage where a client refuses to pay. Retention and suspension clauses turn the default into a contractual right to withhold deliverables.
Australia IP
L
LegalVision
Article
Lenders Beware - When A High Interest Rate May Be Void As A Penalty
When does a high default interest rate cross the line from legitimate compensation to an unenforceable penalty? A recent NSW Supreme Court case examines the principles governing default interest provisions in loan agreements, revealing the critical factors lenders must consider when structuring their interest rate terms. The decision provides essential guidance on what evidence lenders need to justify material increases in default rates and how courts will assess whether such provisions constitute genuine p
Australia Finance
BP
Bartier Perry
Article
Supply Chain Due Diligence: Compliance, Risk And Governance In An Evolving Regulatory Landscape
Supply chain due diligence is evolving from a voluntary process into multi‑functional compliance obligations. As overlapping regulatory regimes impose distinct and increasingly prescriptive requirements, organisations must ensure their due diligence frameworks can meet multiple legal obligations simultaneously, without sacrificing effectiveness or creating additional exposure.
Australia Commercial
CC
Corrs Chambers Westgarth
Article
Email Service Under SOPA - What You Need To Know
A recent New South Wales District Court decision is a timely reminder that, under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA), the validity of service may turn on how the parties have actually conducted themselves during a project. In Reform Projects Pty Ltd v Burge St Developments Pty Ltd [2026] NSWDC 96, the Court held that an email address may be specified for service of a payment claim by implication, even where the contract does not expressly nominate an email address for that purpose.
Australia Real Estate
BP
Bartier Perry
Article
Using AI In PIC Proceedings? Disclosure And Verification Are Essential
The Personal Injury Commission of New South Wales has issued its first decision addressing the use of generative AI in legal proceedings, establishing clear expectations for disclosure and verification when AI tools are employed. In Sentinel Community Services Pty Ltd v Clark Chesaites, an employer's undisclosed use of AI resulted in incorrect case citations and irrelevant statutory references, prompting the Commission to emphasize that compliance with AI disclosure rules applies equally to self-represented
Australia Litigation
BP
Bartier Perry
Article
How To Choose Corporate Immigration Lawyers In Australia
Selecting the right corporate immigration law firm in Australia requires understanding the intersection of regulatory compliance and commercial workforce reality. This guide examines the evaluation criteria that matter most for HR managers, in-house counsel, and executives managing 482 visa sponsorship, Subclass 186 permanent residency pathways, and ongoing sponsor compliance obligations.
Australia Immigration
RM
Roam Migration Law
Article
Contract? What Contract? When A Council Resolution To Accept An Offer Is Not Binding
The NSW Court of Appeal’s decision in Piety Developments Pty Ltd v Cumberland City Council is a timely reminder that, for councils, passing a resolution to “accept” an offer is not the same thing as entering into a legally binding contract. Even where a resolution is passed in open session, livestreamed, and later recorded in Council minutes, it may still fall well short of creating enforceable contractual rights.
Australia Commercial
BP
Bartier Perry
Article
Retail leasing law changes for NSW - key impacts for councils
Proposed reforms to NSW retail leasing law could significantly expand what qualifies as a retail lease, potentially capturing council arrangements like café kiosks, community centre shops, and ancillary areas such as car parks and signage rights. Understanding these changes is crucial for councils to avoid unintended compliance obligations and maintain flexibility in their property arrangements.
Australia Real Estate
BP
Bartier Perry
Article
Road Transport Contractual Chain Order – Fuel Cost Recovery And Council Contract Risk
Australia's first Road Transport Contractual Chain Order (RTCCO) took effect on 21 April 2026, requiring participants in road transport contractual chains to adjust rates to recover increased fuel costs caused by unprecedented diesel price spikes. Local councils engaging contractors whose activities involve road transport—directly or through subcontracting—must now navigate complex compliance obligations under this legally enforceable instrument. Understanding which contracts fall within scope,
Australia Employment
BP
Bartier Perry
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