The distinction between joint, several, joint and several liability and ...
WEBApr 30, 2020 · A key, practical difference between "joint" and "joint and several" liability is the mechanics of suing for the liability. It's generally easier to sue a single party who is jointly and severally liable, particularly where the other liable party is outside the jurisdiction. For joint and several liability, it can be more effective to pick the ...
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High Court sets materiality at centre of establishing jurisdictional ...
WEBJun 10, 2021 · Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of …
What the new "right to disconnect" means for employers, and how …
WEBMar 27, 2024 · The right to disconnect permits an employee to switch off and refuse to respond to contact or attempted contact from their employer (or a third party like a client, where the contact or attempted contact relates to work) outside their working hours, unless the refusal is "unreasonable". It was pared back from an original proposal which would ...
Insurance clauses in contracts - keeping the focus - Clayton Utz
WEBFeb 4, 2016 · Insurance clauses should be drafted clearly and precisely, be contract-specific and tailored specifically to the intention of the parties. Consequences of failing to obtain adequate insurance prescribed in a contract. If insurance provisions in contracts are not clearly drafted the parties are at a high risk of failing to obtain adequate insurance.
Understanding the process and obligations - Clayton Utz
WEBJun 9, 2022 · Discovery (referred to as disclosure in certain jurisdictions, including Queensland) is an interlocutory procedure whereby a party obtains from their opponent the discovery and subsequent production of documents which are relevant to issues in the proceeding. Discovery can also be ordered: from a non-party (non-party disclosure).
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New mandatory climate reporting laws one step closer
WEBApr 10, 2024 · The Bill containing the legal framework for Australia's new internationally-aligned mandatory climate-related reporting regime, the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024, has been introduced into the House of Representatives.. It contains important modifications to the proposals made in the Exposure Draft legislation released earlier this year.
Unfair contract terms 02: Automatic renewal clauses
WEBMar 4, 2021 · Unfair contract terms 02: Automatic renewal clauses. By Peter Sise. 04 Mar 2021. The test for whether a term is unfair is not so clear that contract drafters can have absolute confidence that they can prevent an automatic renewal clause from falling foul of the unfair contract term laws, but there are drafting measures that can reduce that risk.
Performance guarantees - traps and pitfalls | Clayton Utz
WEB06 Feb 2004. Performance guarantees are a common form of support used in commercial transactions, but before simply asking for a performance guarantee, careful consideration needs to be given to various factors. Often in commercial transactions, a party will require one of their counterparties to back up its obligations with additional support.
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