Third Parties

Contracts for the Benefit of Third Parties

Leave a Comment / Business, Contracts / By Fletch

Under the doctrine of privity of contract, only parties to a contract may sue or be sued on it. In Trident General Insurance Co Ltd v McNiece Bros Pty Ltd [1988] HCA 44; (1988) 165 CLR 107 the High Court held this traditional privity rule did not apply to contracts of insurance taken out for […]

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What is a Change of Control
Where a party to a contract is an incorporated company, any restriction on the assignment of the contract may be circumvented by transferring the shares in that party
Leasing Types and Legislation
A lease is the grant of an exclusive right to the use and occupation of land or part thereof, or of a building of part thereof. A lease
Restraints of Trade and Non-Compete Clauses
The Australian Government is soliciting feedback on worker non-compete clauses. This follows a U.S. policy banning non-compete clauses. In Australia such clauses are currently considered contrary to public policy unless reasonable.
Notarisation and Certified Copies
Requests generally ask for a “certified copy”, or less commonly a “notarised copy”. What does that mean?
Negotiable Instruments
A negotiable instrument is a signed document guaranteeing payment to a specific party. Additionally, debentures are regulated as securities under the Corporations Act.