covid19-law.com.au
2. Commercial
B. Contract
i. Legislation
South Australia:
COVID-19 Emergency Response Act 2020 (SA):
See also the Transactions section.
ii. Case law
COVID-19 may be relevant to the construction of particular terms in contracts.
For example, the NSW Supreme Court considered COVID-19 in determining whether an application for judicial advice under s 62 of the Trustee Act 1925 (NSW) met the description of “urgent interlocutory relief” for the purposes of a dispute resolution clause in a unitholders agreement. The Court found that the urgency for businesses created by the COVID-19 pandemic made the application “urgent” in the requisite sense: WLD Practice Holdings Pty Ltd, in respect of the WLD Practice Holdings Trust v Sara Stockham and Anor [2020] NSWSC 395, [73].
iii. Further resources
B. Contract
i. Legislation
South Australia:
COVID-19 Emergency Response Act 2020 (SA):
- Section 16: Requirements relating to documents
See also the Transactions section.
ii. Case law
COVID-19 may be relevant to the construction of particular terms in contracts.
For example, the NSW Supreme Court considered COVID-19 in determining whether an application for judicial advice under s 62 of the Trustee Act 1925 (NSW) met the description of “urgent interlocutory relief” for the purposes of a dispute resolution clause in a unitholders agreement. The Court found that the urgency for businesses created by the COVID-19 pandemic made the application “urgent” in the requisite sense: WLD Practice Holdings Pty Ltd, in respect of the WLD Practice Holdings Trust v Sara Stockham and Anor [2020] NSWSC 395, [73].
iii. Further resources
- Clayton Utz: Contracts Generally
- Clayton Utz: Construction Contracts
- Clayton Utz: Contractual Default, Force Majeure, Frustration & Termination
- Commbar Matters: Force Majeure Clauses
- Commbar Matters: Frustration of Contract
- Corrs: Force Majeure and Frustration
- Lexis Nexis: Impact of COVID-19 on Commercial and Construction Contracts
Image credit: Fusion Medical Animation
|
Site powered by Weebly. Managed by SiteGround