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Australia Contract Terms

K&L Gates LLP

ASIC Appeals Full Federal Court's Finding in Favour of Block Earner: Key Takeaways for Crypto Companies

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The crypto-asset industry has undergone unparalleled expansion and growth in recent years, leaving regulators globally grappling with how to keep up and enforce the existing regulatory frameworks. In Australia, the...more

Herbert Smith Freehills Kramer

DealMakers: Private M&A Report Australia 2025

This exclusive report unpacks a sample of over 60 private M&A transactions led by our Dealmakers—offering data-driven insights into a dynamic year of strategic execution, sector shifts, and evolving deal structures...more

Hogan Lovells

Australia’s Model Clauses provide framework for AI procurement

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On 17 March 2025, the Australian Government published Model Clauses to help government purchasers manage vendor relationships when procuring AI technology based systems and services. The Model Clauses cover issues relevant to...more

K&L Gates LLP

Payroll Tax, Amnesties and Related Developments for Health Practices

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Health practices across Australia have been paying increasing attention to their potential exposure to payroll tax. The importance of doing so continues, particularly with new legislation bringing some further certainty....more

Jones Day

ACCC Conducts Sweep of Online Statements for Compliance with Australian Consumer Law

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The Australian Competition and Consumer Commission ("ACCC") recently announced that it had conducted a sweep of more than 2,000 Australian retail websites that found some businesses' return policies and website terms and...more

Jones Day

Significant Reforms on the Horizon for Security of Payment in Victoria’s Construction Industry

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Like similar regimes in other States, the Building and Construction Industry Security of Payment Act 2002 (VIC) (“Victorian SOPA”) was intended to reduce insolvency in the construction industry and enhance cash flow for...more

Bennett Jones LLP

Considering Australian Securities Law When Drafting Arrangement Agreements to Acquire Australia-Based Companies

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As a recent decision by the Australian Takeovers Panel (Panel) has confirmed, Canadian issuers looking to complete a merger or strategic transaction with an Australian counterparty in a Canadian plan of arrangement, subject...more

K&L Gates LLP

Who Knew? Some Leases Will Automatically Be ‘Destroyed' Simply Because the Land Being Leased Is Sold. If Potential Lease...

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We continue to be asked to explain how it is even possible that some leases can be ‘destroyed’ simply because the land being leased is sold. So, it is timely we revisit and explain this lease ‘destruction’ risk and how you...more

K&L Gates LLP

Unfair Contract Terms Continue to be a Major Enforcement Priority for ASIC and the ACCC: Prosecutions of PayPal and Auto & General...

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In Brief - Following reforms to the unfair contract terms (UCT) regime on 9 November 2023, the Australian Securities and Investments Commission (ASIC) and the Australian Competition and Consumer Commission (ACCC) are...more

K&L Gates LLP

Australian Unfair Contract Terms Laws and International Business: High Court Finds Global Contract Subject to Australian Laws and...

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In Brief - The High Court of Australia (the Court) has provided important guidance on the application of Australia’s unfair contract terms (UCT) regime to global standard form contracts, the validity of class action waiver...more

K&L Gates LLP

Expanded Unfair Contract Terms Regime Has Commenced - Are You Compliant?

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IN BRIEF - Following a year's 'grace' to allow businesses to be prepared, changes to the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (ASIC Act), which commenced on 9...more

K&L Gates LLP

Pricing and Selling of Essential Services, Greenwashing, Unfair Contract Terms, Among the ACCC's 2023-24 Compliance and...

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The Australian Competition and Consumer Commission (ACCC) Chair, Gina Cass-Gottlieb, has outlined the Commission's ambitious compliance and enforcement priorities for 2023-24....more

Jones Day

Australia Significantly Increases Competition and Consumer Law Penalties; Expands "Unfair Contract Terms" Regime

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Australia has significantly increased penalties for competition and consumer law breaches and also expanded the scope of the law that prohibits unfair contract terms ("UCT")....more

K&L Gates LLP

One Size Does Not Fit All: Court Declares 38 Terms in Fujifilm Small Business Contracts to be Unfair and Void

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In Brief - The Federal Court has declared 38 terms across 11 of Fujifilm's (being Fujifilm Business Innovation Australia or Fujifilm Leasing Australia) small business contracts to be unfair contract terms (UCT) and void under...more

Jones Day

Australian Takeovers Panel Reaffirms Exclusivity Rules in Hot M&A Market

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Despite the rules around exclusivity provisions in Australia having been relatively settled for many years (the Panel initially published its Guidance Note 7 on 'Lock-up devices' back in 2001), it's been surprising to see two...more

White & Case LLP

Managing construction risks in Asia-Pacific: Australia

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Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more

K&L Gates LLP

Unfair Contract Terms – Significant Broadening of Scope and Penalties for Breaches: Is your Business Prepared?

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IN BRIEF - The Australian Government has released the Exposure Draft legislation and Explanatory Materials for an anticipated suite of reforms to unfair contract terms (UCT) laws found in the Australian Consumer Law (ACL) and...more

K&L Gates LLP

Long-Term Energy Service Agreements - Have Your LTEsay

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On Monday 9 August 2021, the NSW Government released a consultation paper (Consultation Paper) seeking industry feedback in relation to its Long-Term Energy Service Agreements (LTESAs) proposals. But you may ask, what are...more

Jones Day

Supreme Court of New South Wales Rules on Mineral Sales Royalties Default

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Default in paying monthly mineral sales royalties leads to an obligation to pay up front the present value of future royalties. A decision (Thalanga Copper Mines Pty Ltd v Cromarty Resources Pty Ltd [2021] NSWSC 640 (4 June...more

Hogan Lovells

More Scope, More Power: Enhancing the scope of the Australian Consumer Law and regulator power

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Businesses are reminded to review their customer terms and conditions ahead of the impending changes to the Australian Consumer Law and unfair contract term regime, and ensure all internal policies are up to date....more

Jones Day

Security of Payment Legislation in Australia

Jones Day on

Australia-wide, companies are navigating the uncertainties arising from COVID-19. Our previous White Papers identified the risks arising for construction projects and observed that the fallout is likely to give rise to...more

Jones Day

Western Australia Proposes Building and Construction Industry (Security of Payment) Bill 2020

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The Western Australian government has sought industry comment on a suite of significant proposed reforms to the WA security of payment regime ("SOP"). If passed, the Bill represents the most significant reform to the...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

King & Spalding on

Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

K&L Gates LLP

COVID-19: Doctrine of Frustration: Implications for Contracts in Australia

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*This information is accurate as of 6.30pm Friday 27 March 2020 and is subject to change as this situation evolves. Contracts in Australia and around the world are being impacted by the extraordinary measures and...more

K&L Gates LLP

COVID-19: (Australia) What to Do About Your Supply Chains?

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*This information is accurate as of 10.00 am Friday 20 March 2020 and is subject to change as this situation evolves....more

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