Penalties Archives - Greg Carter

house deposit

Is a Further ‘Deposit’ payable on Termination of a Contract for the Sale of Land an Unenforceable Penalty?

By | Contract | No Comments

Some contracts for the sale of land require payment of an additional ‘deposit’ amount, if the contract is terminated. The Victorian Supreme Court recently addressed this question: in what circumstances might an additional ‘deposit’ payment…

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Credit card late payment fees

High Court finds that credit card late payment fees do not constitute unenforceable penalties

By | Contract

A win for ANZ (and other banks in similar litigation) but a decision that has increased the scope for disputation concerning alleged penalties.  The case is Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28….

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