A penalty clause is a term in a contract that imposes a penalty on a party that breaches a contractual obligation. It is important to know that penalty clauses are generally unenforceable under Australian law. However, it can sometimes be difficult to distinguish...
A “Heads of Agreement” is one of those legal terms that you may come across for the first time and find yourself doing a quick Google search. To make things more confusing, the term is sometimes used interchangeably with terms such as “Letters of Intent” or...
Among other protections, the Australian Consumer Law (ACL) establishes a national framework of consumer guarantees that businesses cannot contract out of. Generally, businesses must guarantee products and services for sale, hire, or lease where the cost is less than...
Understanding share sale agreements is essential for corporate clients who navigate the sale of shares in Australian businesses. Investors and entrepreneurs should familiarise themselves with typical provisions found in share sale agreements and know important...
The Australian Consumer Law (ACL) includes a range of protections to consumers from unfair business practices, including misleading and deceptive conduct, false or misleading representations, unconscionable conduct, and even representations about country or place of...
The Australian Consumer Law, or ACL, is a national law that applies to all businesses throughout Australia. It ensures that consumers have consistent rights and that businesses have the same obligations nationwide. Where is the ACL found? The ACL is in Schedule 2 of...