Category Archives: Contract law

Paciocco v Australia and New Zealand Banking Group Ltd

By Leonie Chapman LAWYAL SOLICITORS First published by LexisNexis Banking and Finance Law Bulletin (BLB 30.4, June 2014) On 5 February 2014, the Federal Court of Australia gave detailed consideration to the issue of fees as penalties in the representative … Continue reading

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Director Guarantees – Goldsmith v Macquarie Leasing

Goldsmith v Macquarie Leasing Pty Ltd By Leonie Chapman, LAWYAL Solicitors (first published in LexisNexis’ Australian Banking and Finance Law Bulletin (2013) 29(2)) Lenders and financiers often provide finance to a company borrower on the basis that the company directors give personal … Continue reading

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Watch out for penalty clauses in contracts

If your contracts contain fees imposed for breach or that apply upon termination, be mindful that special treatment is now given to “penalty” clauses, which may be deemed void or unenforceable. Generally, parties are free to negotiate contracts and determine what … Continue reading

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