-
QITC IT contracts framework an introduction
In August 2017, the Queensland Government introduced the Queensland Information Technology Contracting (QITC). The QITC framework replaces the Government Information Technology Contracting (GITC) framework. It was designed for the purpose of guiding all Queensland Government Information and Communications Technology (ICT) contracts.
-
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.
-
Arbitration clauses in international contracts
Arbitration is a private process where parties to a commercial contract agree (Arbitration Agreement) to let an arbitrator[1] (Arbitrator) make a binding decision on a dispute between them, without recourse to national Courts. The Arbitrator receives evidence, hears arguments and applies relevant law to reach a binding decision, called an award (Award). The Arbitrator’s decision…
-
Tortious interference with contract – injunctive relief
The wrongful or “tortious” interference with a contract occurs when a third party intentionally causes a contracting party to commit a breach of contract. The third party will be liable if they intentionally induced or disrupted a party’s ability to perform the terms of a binding contract. Remedies for tortious interference are available to ensure…
-
Are the recitals in contracts binding?
Recitals, also known as the “preamble” or “details” clauses (Recitals) are introductory statements at the start of a contract that provide context, background or reasons for the terms and conditions that follow. They have been historically used by the Courts to aid in the interpretation of ambiguous terms and are capable of including essential provisions…
-
Unfair contract terms, penalties and ACCC v Employsure 2020
When deciding whether a contractual term is unfair, a Court will likely consider if the term would cause a significant unbalance, if it is not reasonably necessary to protect legitimate interests, or if it would cause detriment. Careful consideration should be given to the inclusion of clauses of this nature in standard form contracts, especially…
-
What is a change of control clause?
In commercial contracts, a change of control clause is one that allows one of the parties to an agreement to terminate or modify its terms if a third party acquires a controlling stake in the other. A change of control clause grants a party certain rights, such a right to accelerate an obligation to pay…
-
Unfair contract terms – automatic renewal clauses
9 November 2023 was a crucial date for Australian businesses because from that date significant penalties can now be imposed on businesses found to have unfair contract terms (UCT) in their contracts. The Federal Government had introduced significant changes to laws relating to UCT on 10 November 2022.
-
Amendments to unfair contract terms
The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) (Amending Act) received royal assent on 9 November 2022, introducing significant amendments to the Australian Consumer Law (ACL). These amendments target the Unfair Contract Terms (UCT) provisions of the ACL, strengthening the rights of consumers while imposing stricter requirements on businesses using Standard Form…
Contract law
Make an enquiry
