All Posts By

Greg Carter

how to validly exercise option to renew lease

How To Validly Exercise An Option To Renew A Lease

By | Lease | No Comments

Disputes often arise regarding whether an option to renew a lease has been validly exercised, when a landlord wishes to terminate a lease. It is then necessary to have regard to the terms of the…

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legal-template

High Court On The Risk Of Amending A Legal Template

By | Contract | No Comments
As this High Court case illustrates, athough it is common practice to amend a legal template,  sometimes it is better to start from scratch. Facts The lessor and owner of certain land wished to sell...
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bank guarantee

Has Your Performance Bond/ Bank Guarantee Been Issued Correctly?

By | Contract

In this recent High Court case the ANZ bank refused to pay performance bonds (also known as bank guarantees) it had issued at the request of a builder, in favour of a principal under a construction…

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mortgage contributions by children

Can mortgage contributions by your children lead to them obtaining an interest in the family home?

By | Equity

The answer is a startling “yes”, but in limited circumstances. In an extraordinary NSW Supreme Court case a son made substantial payments to his father to assist in meeting his father’s mortgage repayments over the…

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unfair contracts

Risks for small business of the new unfair contracts legislation

By | Contract

On 12 November 2016 new national unfair contracts legislation commences that will result in the invalidity of “unfair terms” contained in certain standard form contracts, if entered into, renewed or varied after that date. Businesses will need…

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Electronic signature

Be wary of director’s personal guarantees signed with electronic signature

By | Contract

Personal guarantees are commonly required to be given by directors to secure a company’s credit account with a supplier.  But is such a personal guarantee binding when signed using a director’s electronic signature?  The answer is not always, according…

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