Australia: Contracts and Commercial Law

Alternative Dispute Resolution (ADR) is an effective way to resolve commercial disputes and has long been recognised as such. Its role has changed in recent years though – what was once considered an alternative to litigation is often now the starting point.

This recent Federal Court decision serves as a timely reminder about privilege over third-party investigations and the documents created during such investigations which may be sought in subsequent litigation.

For most reaching the end of a Total & Permeant Disability (TPD) Claim marks the finalisation of a long and stressful journey — finally, a sense of relief and financial certainty after months (or years) of uncertainty.

Understanding the critical distinction between business names and trade marks in Australia can save your business from costly rebranding and legal complications. While a business name simply allows you to trade, a registered trade mark provides exclusive legal protection for your brand and prevents competitors from using confusingly similar names in your industry.

When a party fails to meet their contractual obligations in Queensland, understanding the distinction between minor breaches, serious breaches, and repudiation becomes critical to determining your legal rights and available remedies. This comprehensive guide examines the legal framework governing breach of contract disputes, the evidence required to prove a claim, and the strategic considerations involved in deciding whether to terminate an agreement or pursue damages through litigation.

The Fair Work Commission's Expert Panel has conducted its first formal review of the Road Transport Contractual Chain Order's fuel cost recovery provisions, leaving critical questions about scope and compliance obligations unresolved. For EPC and D&C principals and head contractors, the hearing clarified some practical compliance mechanisms while reserving judgment on whether construction principals at the apex of contractual chains are captured as "primary parties" with upstream payment obligations. The Pa

Parties to commercial contracts of indefinite duration should not assume that there is an implied right to terminate on reasonable notice.

A property lawyer or licensed conveyancer (collectively “Property Law Specialist”) assists with buying and transferring property in NSW.

The Fair Work Commission has published proposed variations to the Road Transport Contractual Chain Order following a review hearing in May 2026. These amendments aim to refine compliance mechanisms and clarify obligations, but key challenges for construction and infrastructure supply chains remain unresolved, including forensic difficulties with identifying transport costs and determining which parties fall within scope.