Hard as it is to believe, the end of financial year (EOFY) is almost upon us once again; it’s the time of year in business to tie up the loose ends, get the books in order, shift any surplus or miscellaneous stock, and approach a new financial year with a clean slate and with your [...]
We are regularly tasked with reviewing various commercial contracts, generally briefed with the sole instruction of identifying notable risks for our clients. Of late, a seemingly prevalent risk is rogue charging clauses popping up in sometimes unlikely places. A charging clause is often intended to make the beneficiary of the clause a secured creditor who [...]
In preparing commercial contracts a clause will often be inserted (generally at the prompting of the drafting lawyer) to provide a procedure for dealing with disputes. Often, very little consideration is given to such clauses as parties to the contract are (quite understandably) more excited and focused on the project at hand and the best [...]
