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Every significant commercial contract does more than record the terms of a deal—it influences how your business operates. Whether you’re negotiating a major customer agreement, engaging a technology provider orentering a strategic partnership, every commercial agreement creates new rights, obligations and opportunities.That’s why successful growing businesses should view contracts as strategic business tools rather than […]

As businesses grow, their commercial contracts, business structure and ownership arrangements often need to grow with them. Many business owners don’t review these areas until a problem arises. Contracts, shareholder agreements and business structures that worked a few years ago may no longer reflect the way the business operates today. As your business grows, it’s

Many business owners view contracts as documents that sit in a drawer until something goes wrong. In reality, the best contracts do far more than provide legal protection. They create clarity, establish expectations and help maintain strong commercial relationships. As businesses grow, the importance of this becomes increasingly apparent.   Why Good Contracts MatterA well-drafted

When businesses negotiate contracts, most of the focus naturally goes to the headlineterms.Price.Timing.Core obligations.These are the terms that usually receive the most attention during negotiations, and understandably so. They often determine whether a deal proceeds at all.But in practice, they are rarely where disputes arise. The real problems tend to emerge at the edges of

Joint ventures are a popular way for businesses to grow, share risk, and pursue opportunities that would be difficult to tackle alone. Think of Sony Ericsson, (mobile phones), BMW and Toyota (development of hybrid technology) or Starbuck and PepsiCo (beverage partners worldwide). When they work well, they can be highly effective. When they fail, the

Why IT Service Providers Need Clear Suspension Clauses Long-term contracts are essential for IT service providers—but they can carry hidden risks if your agreements aren’t clear about pauses or suspensions. A recent case, Redrouge Nominees Pty Ltd v Canberra Institute of Technology shows why. The client attempted an indefinite pause of the services agreement and

Many businesses include a note at the bottom of quotes or proposals stating: “This quote is subject to our terms and conditions on our website.” While convenient, this practice can be risky. In the NSW Court of Appeal case Medical Device Technologies v HAC [2024] NSWCA 142, the Court confirmed that contractual terms must be

Termination clauses are often overlooked when businesses sign a commercial contract, yet they are one of the most disputed provisions when relationships break down. Clear and practical termination terms can prevent costly disagreements and protect your business interests.   Two common pitfalls we see in commercial contracts are: 1️⃣ Notice periods that don’t reflect reality

Warranties and indemnities are common in commercial contracts, but if not drafted carefully, they can create significant and unexpected liabilities for your business. Understanding the difference is essential for protecting your interests.Warranties are promises. Even a minor issue — like a software bug or a small product defect — can trigger a damages claim if