If you have entered a contract with another party, you are obligated to abide by the terms and conditions of the contract. Any failure to perform an obligation required by the contract, including if you don’t complete an obligation within a time limit set by the contract, will be a breach of contract.

If a breach of contract occurs, what happens next can depend on the type of term breached and other laws that might apply to the specific contract.

The relationship between business partners can deteriorate if they do not understand their duties, roles and obligations. This is why we recommend a Partnership Agreement for individuals operating businesses in partnership.

Knowing when and how to terminate a contract is crucial for all business owners in Australia. Various reasons may justify the termination of a contract, such as breach by another party, frustration, mistake, and force majeure. However, terminating a contract is a serious step and may lead to unexpected and significant implications. Understanding the potential consequences, including liability for damages and ongoing rights and obligations, is essential.

An enterprise’s confidential information such as trade secrets, processes and key contacts are all valuable assets that should be protected during the course of a business’s commercial operations, negotiations and transactions. One effective tool for safeguarding confidential information is a Non-Disclosure Agreement (NDA).

A commercial lease is a legally binding contract that gives a tenant certain rights over a property for a set period of time subject to the terms and conditions set out in the lease. A commercial lease is used when leasing property used primarily for a business.

You should never sign a lease without understanding all of its terms and conditions.

Understanding share sale agreements is essential for corporate clients navigating the sale of shares in Australian businesses. Investors and entrepreneurs should familiarise themselves with typical provisions found in share sale agreements and be aware of important considerations and best practices in a share sale transaction. Seeking the guidance of an experienced lawyer is crucial in protecting their interests and achieving a mutually beneficial outcome.

A “Heads of Agreement” is one of those legal terms that you may come across for the first time and find yourself doing a quick Google search. To make things more confusing, the term is sometimes used interchangeably with terms such as “Letters of Intent” or “Memorandum of Understanding”.

So, what do these terms actually mean?

A penalty clause is a term in a contract that imposes a penalty on a party that breaches a contractual obligation. It is important to know that penalty clauses are generally unenforceable under Australian law. However, it can sometimes be difficult to distinguish penalty clauses from other similar clauses that are enforceable.