Contracts – Starting Point
Useful for: Business, Local Government, Government, Non Govt Organisations
In Brief
- Every legally binding contract should deal with these 6 pillars: Who, What, Where, When, How and How Much?
- Special clauses dealing with intellectual property rights and obligations, privacy/data protection/indemnities etc will be more or less relevant depending on the nature of the contract.
- Construction contracts, leases (and occupation licences) and employment/independent service providers contracts must be looked at from a different perspective as these areas are governed to a large degree by their own bodies of legislative and general law and the considerations can be quite different from other types of contracts.
- When entering into a contract always bear in mind that it may contain terms by operation of law that cannot be contracted out of. In particular, the Australian Consumer Law imposes certain consumer guarantees on all consumer contracts, and if it is a standard form contract, the unfair contract terms regime will also apply.
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