UCT 101: The usual suspects #2 – unilateral variation clauses
…to time) form part of this Contract.” When is a UVC likely to be used? A UVC is often used in sale terms and conditions and supply contracts, usually to…
"Fairness in Franchising" report – Key recommendations for reform
…is entitled to in certain specified end of term situations (Rec 12.1); to examine how to implement the collection and analysis of data on franchise transfers to determine how common…
Managing building costs in a time of uncertainty within the Commonwealth Procurement Rules
…protect against cost escalation, potentially undermining attempts by the Commonwealth to achieve value for money. One approach to manage the risk of unforeseen cost increases is by expanding the application…
Design and Building Practitioners Act 2020 (NSW): can disputes alleging breach of duty be settled?
…introduces is to extend the duty of care in tort to exercise reasonable care to avoid economic loss caused by defects, so that it is owed to owners of apartments….
Court of appeal revs up damages for defective speedboat engines, Callinan v Power Equipment Pty Ltd [2023] QCA 255
…to substantiate the loss; whether provision of replacement items at no cost remedies a failure to comply with the guarantee; and whether compensation for breach of the implied guarantee of…
Pacific National Pty Ltd v Baldacchino: Court of Appeal gives worker a leg up
…surgery involving a total knee replacement by his orthopaedic surgeon. The worker sought compensation for this from the Appellant. The Appellant disputed liability. The worker commenced proceedings in the WCC…