Signed, sealed, not delivered: When contracts can be broken on unfair terms

Changes to the Australian Consumer Law now prohibit businesses from proposing, using, or relying on unfair contract terms in standard form contracts with consumers and small businesses.

Business Law, Business LitigationLachlan Edwards1 February 2024unfair contracts, business law, contracts, business contracts

How do I sell or divide jointly owned property if the other owner doesn’t agree?

Joint ownership of land can cause problems when there is disagreement about how the land can be used. One party can force the other to sell or subdivide but only if that is “just and fair” which can be a question for VCAT to resolve.

Conveyancing, Business LitigationLachlan Edwards9 December 2020O'Farrell Robertson McMahonpartition, land transfer

SME - Do I have to comply with a restraint of trade clause in my contract?

Restraint of Trade clauses, when attached to a business sale/purchase, are intended to prevent the seller competing with the business they have just sold.

Business Law, Business LitigationSiobhan Liston13 August 2020O'Farrell Robertson McMahonemployer obligations, terminating employees, employment contract, contract conditions, business owner, business sale, business purchase

Disappointing holiday? Now you can sue for it

A recent cruise ship holiday turned bus ride due to bad weather has resulted in a significant legal decision that a person can seek compensation for distress and disappointment resulting from a bad holiday.

Business Law, Business LitigationLachlan Edwards25 May 2020O'Farrell Robertson McMahonconsumer rights, consumer law

What do I need in my business contracts to avoid Covid-19 related problems?

We are now seeing contracts that can’t be completed due to Covid-19 shutdown or staff illness. If this is affecting you, what are your options?

Business Law, Business LitigationLachlan Edwards15 April 2020O'Farrell Robertson McMahoncovid-19, contract conditions, contract, force majeure, material adverse change, frustration

Letting employees go when the well is dry

It is a sad fact of business life that sometimes a business is unable to afford to keep all its employees. If this happens to you there are rules you must follow and legal advice you may need.