Corney & Lind Articles

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What is the Difference Between a Warranty and an Indemnity?

Warranties and indemnities are considered to be a staple feature of many contracts (especially in the case of mergers and acquisitions transactions), so much so that they are often given very little consideration by the parties. Broadly speaking, warranties and indemnities are intended to provide the parties with peace of mind, and protect specific parties’

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A “Gentlemen’s Agreement’ : Will a handshake agreement release me from my obligations as guarantor?

The recent case of Harburg Nominees Pty Ltd & Anor v Deen [2019] QSC 291, highlights the weight courts will give to consistent evidence, reliable testimony and surrounding circumstances when considering whether an alleged representation has actually been made. In this case the Court found against the defendant who claimed he was not liable under

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When (and when not to) use a Memorandum of Understanding

People commonly confuse contracts and Memorandums of Understanding. This confusion is understandable; often they are both drafted in similar language, and at first glance both can look like legally binding documents. Because of this, it is often difficult to decide when it is appropriate to use one or the other when thinking about entering into

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I’ve Received a Contract. Do I Need an Employment Contract Lawyer?

Short answer — yes, you might need an employment contract lawyer to review your contract. Entering into a new employment opportunity can be exciting, particularly if you have found your dream job. You’ve made it through the interview process and they have finally called to offer you the job. What comes next? You will likely

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Setting Aside a ‘Pre-nup’ Agreement in Australia

Case Note: Fredrick v Fredrick (2019) FLC 93 Fredrick v Fredrick (2019) FLC 93 (‘Fredrick’) is a recent appeal case to the Full Family Court of Australia regarding a dispute over whether a Binding Financial Agreement (‘pre-nup Agreement’) could be set aside. In this case, Mr and Mrs Fredrick entered into a pre-nup Agreement in

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False and Misleading Statements or Representations in Retail Shop Leases

The Retail Shop Leases Act 1994 (Qld) provides relief for a tenant to be paid (by the landlord) “reasonable compensation for loss or damage suffered by the [tenant] because… the [tenant] entered into the lease, including a renewal or assignment of the lease, on the basis of a false or misleading statement or misrepresentation made

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