As counterintuitive as it seems, time and time again we see disputes before the courts concerning the very clauses that were supposed to assist the parties avoid being there in the first place – the dispute resolution clauses that are most often found at the back of...
Commercial & Residential Tenancies
Commercial Tenancies On 7 April 2020 the National Cabinet announced a new Code of Conduct (“Code”) to be legislated by the State and Territory governments in an effort to relieve pressure on retail, commercial and industrial tenants during the Coronavirus (“COVID-19”)...
Alternative Tests For JobKeeper Subsidy
The nature in which the Coronavirus has impacted Australian business has made the JobKeeper payment, a key component of the Federal Government’s business support package, highly desirable to Australian business owners. The payment provides a $1,500.00 per fortnight,...
ClarkeKann Lawyers Sydney sharpens commercial focus
ClarkeKann’s commitment to delivering solution-based outcomes for our clients remains at the centre of our offering. Providing qualified, trustworthy, bespoke legal advice with a particular focus across our core areas of expertise; Agribusiness, Intellectual Property...
CK News: ClarkeKann’s Corporate & Commercial Team Named in the 2019 Doyle’s Guide
We are excited to announce that our Corporate & Commercial team, in particular, our Partners John Toigo and Brad Vinning, have been featured in Doyle’s Guide among Queensland’s leading corporate and commercial lawyers for 2019 in the following categories:...
CK Alert: Contract Indemnities – why the fuss?
Indemnities are regularly used in contracts in order to allocate risk between contracting parties. An indemnity is an agreement to cover loss and damage suffered by another party. Indemnities give rise to a form of contingent liability, the magnitude of which is often...
Breach of consumer guarantees: allocation of liability between retailers and manufacturers
By Peter Karcher and Elle Zhang Winter in Australia is fun. You pack up your snow gear and off you go to the winter wonderland. You are having the time of your life; sashaying down the slope with your new gear has made you temporarily forget about your problems and...
What is consequential loss and how do I deal with it in my contract?
You lose a lucrative contract as a result of your supplier’s failure to meet its contractual obligations to you. You terminate your contract with the supplier and look to recover the profit you would have earned under the lost contract from the supplier but, oh no,...
When a picture really is worth 1000 words – The "comic contract" movement
By Murray Procter and Ben Keenan In an age when the most popular form of communication is limited to 280 characters, it is unsurprising that the public’s tolerance for dense, overly complex legal contracts is in decline. It now appears that the process of...
The New Digital Era: Blockchain, Cryptocurrency, and ICOs – Part 3
By Brad Vinning and Ruby Mackenzie-Harris THE LEGAL AND REGULATORY ASPECTS OF BLOCKCHAIN AND ICOS After reading Parts 1 and 2 you should have a basic understanding of how blockchain works, and the purpose it serves in recording and facilitating peer-to-peer (P2P)...
ANNOUNCEMENT: ClarkeKann’s Corporate & Commercial Team Named in the 2018 Doyle’s Guide
We are pleased to announce that our Corporate & Commercial team, in particular, our Partners John Toigo and Brad Vinning, have been featured in Doyle’s Guide among Queensland’s leading corporate and commercial lawyers for 2018 in the following categories:...
Pass the Parcel – Battle of the Standard-Form Contract
By Peter Karcher and Julian Pipolo In an ideal world, all contracts take the form of a single document signed by all parties concerned with little fuss. If a dispute ever arises, the parties could simply revert back to that initial document and figure out what they...