Australia: Contracts and Commercial Law

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.

When Equal Isn’t Equal – Shareholder Oppression In An Australian Private Equity Context

The recent novel case of WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd [2025] FCA 622 (WIJOAV v Goldstone) has confirmed that the statutory shareholder oppression...

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

The Importance Of A Request For Tender

An RFT is your opportunity to manage your project risk and to ensure your project is completed on time and within budget. Your RFT defines the rules of the game...

Australia Commercial

S

Swaab

Enforcing payment of a debt without a contract

The absence of a formalised contract does not prevent the enforcement of payment obligations. Courts will look beyond formality to assess whether the parties' dealings give rise to legally enforceable rights however these pathways are tightly confined.

Australia Litigation

SL

Stonegate Legal

When "non binding" isn't risk free: Heads of Agreement and preliminary documents

Explores why preliminary documents are used, when they may become binding (intentionally or otherwise) & practical steps to manage risk during negotiations.

Australia About Mondaq

PA

Piper Alderman

Unreasonable Manipulation, Unreasonable Distortion (Dark Patterns) To Be Banned—Stronger Protections Regarding Subscriptions And Drip Pricing—Unfair Trading Prohibition Proposed

Australia Anti-trust

KG

K&L Gates LLP

Navigating Venture Capital term sheets: Key clauses for companies to consider

Australia Commercial

HR

Holding Redlich

It Depends – I'm ready to sell my business – how will I get paid?

Australia Commercial

CG

Cooper Grace Ward

Understanding liquidated damages in commercial contracts

Australia Commercial

P

PCL Lawyers

Rose v Manno Kingsway Pty Ltd (As Trustee For The Manno Kingsway Unit Trust) [2025] NSWCA 23

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Default Interest Clauses – Complete Guide

Australia Commercial

SL

Stonegate Legal

Restructuring & Insolvency Comparative Guide

Australia Insolvency

FC

FTI Consulting

Roadmap For Advanced Air Mobility Type Certification: Flying Towards A Collaborative Future

Australia Transport

KG

K&L Gates LLP

A $100 Million Drafting Mistake? Supreme Court Of NSW Clarifies Principles On Rectification Of Contracts

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Novation Of Contract In Australia

Australia Commercial

SL

Stonegate Legal

Cyber Security: A Month In Retrospect And Our Latest Podcast (Australia - January 2026)

Worldwide Technology

KL

Herbert Smith Freehills Kramer LLP

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

Podcast: SMSFs With CGW – What Is Happening With Division 296 Tax? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

How Psychosocial Safety Now Sits At The Heart Of Workforce Change

Australia Employment

IL

Ius Laboris

Manufacturing Agreements: Essential Legal Framework

This article will explore the legal framework for manufacturing agreements.

Australia Commercial

L

LegalVision

Franchise Territory Sale: Contract Requirements

This article examines the key contract requirements that franchisees and prospective buyers must address when transferring franchise territories in Australia.

Australia Commercial

L

LegalVision

Contract Repudiation: What Exactly Is It?

This article explains how repudiation differs from ordinary breach, how courts identify repudiatory conduct, and why seriousness and practical effect are central to the analysis.

Australia Commercial

SL

Stonegate Legal

Treasury Updates Merger Rules

From 1 January 2026, under the new Part IVA Competition and Consumer Act 2010 (Cth) (CCA), businesses may need to notify the ACCC of any acquisition of shares...

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Victoria Duty Alert: Further Clarification Of Economic Entitlement Rules

KL

Herbert Smith Freehills Kramer LLP

Queensland Releases New Guidance For Seeking Exemptions From The Foreign Stamp Duty And Land Tax Surcharges

KL

Herbert Smith Freehills Kramer LLP

I Am Selling My Business. How Do I Handle The Sale Of Stock?

Australia Commercial

L

LegalVision

Signing Incomplete Legal Documents – Are They Binding Or Not?

Australia Commercial

BP

Bennett & Philp Lawyers

It Depends – Is My Business Ready For Sale?

Australia Commercial

CG

Cooper Grace Ward

MAC Disputes, The Takeovers Panel And FIRB – Reflections On Mayne Pharma's Battle With Cosette

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

A Divorce, A Debt And A Duty: Shao v Crown Global Capital Pty Ltd

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Structuring And Managing A Joint Venture: Effective Dispute Resolution Mechanisms

Australia Commercial

HR

Holding Redlich

Promissory Estoppel: "One day all this will be yours..." - Which case won?

Australia Commercial

S

Stacks Law Firm

Revised Commonwealth Procurement Rules—Prioritising Ethical Australian Business

Australia Commercial

KG

K&L Gates LLP

A Divorce, A Debt And A Duty: Shao v Crown Global Capital Pty Ltd

On 5 November 2025, the High Court of Australia handed down judgment in Shao v Crown Global Capital Pty Ltd [2025] HCA 43, allowing an appeal from a decision of the New South Wales Court of Appeal...

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Structuring And Managing A Joint Venture: Effective Dispute Resolution Mechanisms

This article outlines some of the common dispute points during negotiations and the mechanisms to resolve them.

Australia Commercial

HR

Holding Redlich

Promissory Estoppel: "One day all this will be yours..." - Which case won?

Claimant starts legal action alleging broken promise to leave him the farm - he wins - daughter appeals to the HC. Who wins?

Australia Commercial

S

Stacks Law Firm

Revised Commonwealth Procurement Rules—Prioritising Ethical Australian Business

The Commonwealth Department of Finance will implement new Commonwealth Procurement Rules (CPRs) on 17 November 2025. These rules govern how Commonwealth entities procure financial and nonfinancial goods and services.

Australia Commercial

KG

K&L Gates LLP

Structuring And Managing A Joint Venture: Laying The Foundations

Australia Commercial

HR

Holding Redlich

Unfair Contract Terms and Deemed Acceptance: The Enforceability of Clauses

This article outlines the risks associated with deemed acceptance clauses for both services providers and consumers.

Australia Commercial

HL

HHG Legal Group

5 Reasons Businesses Fail

The five common reasons (or at least the common themes) why a business fails.

Australia Commercial

W

Worrells

When Franchising Independence Becomes Illusion: Section 15AA And The Franchise Relationship

This article examines how these changes impact franchisors across Australia, with particular focus on sectors most vulnerable to these regulatory changes.

Australia Commercial

Whelan Lawyers

Understanding The Basis Of Value Matters More Than Ever

Different forms of value have different meanings, and these differences are crucial for valuation practitioners, legal professionals in commercial disputes, business leaders in financial decision-making and for financial...

Australia Commercial

FC

FTI Consulting

The Roses Have Wilted And Only A Few Less Thorns—Australia's Finalised Third Party Debt Test Guidance

AM

Alvarez & Marsal

Your Next ASIC Invoice – Indicative Costs ASIC's 2024-2025 Regulatory Levies Released

Australia Finance

SG

Sophie Grace Pty Ltd

Decision Alert: QSC Confirms That Ex Gratia Relief Generally Not Subject To Judicial Review In Karrabin Estate

KL

Herbert Smith Freehills Kramer LLP

The Turnaround Tightrope: Insights From The 2025 Annual Turnaround Survey

Australia Commercial

AM

Alvarez & Marsal

Are there tax implications when engaging influencers?

Australia Commercial

L

LegalVision

Generating Value From ESG - A Guide For Boards And Organisations

Australia Commercial

AM

Alvarez & Marsal

ATO Finalises Guidance On The Equity Funded Dividends Integrity Rule

KL

Herbert Smith Freehills Kramer LLP

NSW Supreme Court finds slab defects do not guarantee full replacement

Australia Real Estate

BN

Barry Nilsson

Epic Games Secures Landmark Victory Against Apple and Google

Australia Commercial

CG

Clifford Gouldson Lawyers

Construction Productivity — Building Better: How Can Resource Companies Boost Productivity?

Australia Real Estate

AM

Alvarez & Marsal

Understanding Australia's Construction Industry Collapse Crisis

Australia Real Estate

IG

IR Global

AS4000:2025 – What is all the fuss about?

Australia Real Estate

S

Swaab

Decision Alert: NSW Supreme Court Confirms Intragroup Relief For Transfer Of Tenant-in-common Interest

KL

Herbert Smith Freehills Kramer LLP

Break Fees – A Case For Exceeding The 1% Guideline

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Navigating the Process of Securing Funding for Your Cross-Border Entity

Australia Commercial

L

LegalVision

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Latest Videos

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Why is disclosure important in financial matters?

CG

Cooper Grace Ward

De facto financial agreements

JS

JB Solicitors

Signing loan documents electronically

BP

Bennett & Philp Lawyers

Changes to the NSW Security of Payment Act

CG

Coleman Greig Lawyers

Legal Lockdown - Episode 9: Pivoting your business to navigate a crisis

HW

Holman Webb Lawyers

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