The Australian Competition and Consumer Commission is planning to prioritise five key product safety issues fitting broadly within the categories of the Takata airbag recall, safety risks for infants and children, and e-commerce. We report on what is planned for 2020. ...

COVID-19 will have a range of impacts on over-the-counter derivative transactions. We set out below some key documentation issues arising as a consequence of COVID-19 and our practical tips. ...

In this case, the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was entitled to equitable set off. ...

In this case, the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation ...

There is a general rule that damages for breach of contract are assessed at the date of breach.1 This rule does not apply, however, if assessing damages at a different date would more appropriately compensate the plaintiff. ...

The ability to enter into, and enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers (known as the 'fettering doctrine'). ...

In this case, the New South Wales Court of Appeal considered the terms of a conditional contract for the sale of land, and whether the purchaser's 'step-in' right qualified the vendor's right to rescind ...

This case affirms the principle that the question of whether personal performance of a contract is required is one of construction of the contract, and that personal performance may be required even in circumstances where performance of the contract requires no specific personal skill. ...

'fetter doctrine' is the ability to enter into enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers. ...

In Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd, the New South Wales Court of Appeal considered the circumstances in which a party, which has a right to terminate a contract, might lose that right. In particular, the court considered when the right might be lost due to an election to affirm a contra ...