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Labor plan to abolish non-compete clauses from 2027
On 25 March 2025, the Albanese Labor government announced in its 2025-26 Budget (Budget), that it intended to abolish non-compete clauses in employment contracts for approximately three (3) million workers from 2027.
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How to read a commercial contract
A commercial contract (Commercial Contract) is a legally binding agreement between two (2) or more parties that contains the terms and conditions for a mutual exchange of value, such as goods or services for financial compensation. This article aims to assist the reader on how to understand the contents of such a document.
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Restraint of trade clauses in commercial contracts
This article examines a Court decision that tested the enforceability of a 10-year restraint of trade clause in a commercial contract. Find out what the Court decided and the implications for the parties involved.
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Ipso facto clauses lose effectiveness post 1 July 2018
Are you ‘Investor Ready’? This article outlines the key elements businesses and promoters should consider to attract investors, providing a checklist of the key components to be in place.
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Top 7 common mistakes in commercial contracts
Negotiating commercial contracts can be tricky. Learn the top seven common mistakes to avoid costly errors and make sure your contracts are successful.
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Third line forcing and commercial contracts
Third line forcing is illegal and can lead to serious penalties. Learn what the Competition and Consumer Act 2010 (Cth) says, exemptions, compulsion and Australian Competition and Consumer Commission (ACCC)’s notice form. Understand why it’s prohibited and the consequences of not following the law.
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How not to terminate a contract for non-payment
A telecommunications carrier was held liable for almost $1.5M in damages for terminating a contract without scrupulously following the contractual process. In Lime Telecom Pty Ltd v Powertel Limited [No 1] [2008] NSWSC 324, the carrier refused to accept payment.
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Restraint of trade in commercial contracts – a systemic approach
This article provides an invaluable overview of restraint of trade clauses (ROTs). It examines the enforceability of ROTs, their test of reasonableness, and the role of the Court in determining their reasonableness, providing a valuable guide for those wishing to draft and enforce them.
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Importance of retention of title clauses in commercial contracts
Understand the implications of a retention of title clause and learn about the Perfected Purchase Money Security Interest. Find out what to do if goods become commingled, the effects of not registering on the Personal Property Securities Register (PPSR), and the benefits of registration. Click through to learn more.
Commercial contract
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