Michael Bacina

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contracts

Loose lips sink ships – 5 reasons you need a good non-disclosure agreement

Unfortunately many companies treat non-disclosure agreements (NDA) like a piece of second hand clothing.  Dusted off and made good for the current use, lent out or borrowed from someone else, patched a bit here and there and then packed away… Continue Reading →

Negotiating contracts by email, are you bound before you think you are?

It is common practice to engage in pre-contractual negotiations via email, in doing so you run the risk that those emails are considered evidence of a valid and binding contract and a court may compel performance of the contract, even… Continue Reading →

Is ‘Acting Reasonably’ a Sweet Contract Term?

Many agreements require the parties to ‘act reasonably’. The courts have not, however, had the opportunity to directly consider what this phrase means until recently. In Lend Lease Pty Ltd v Sugar Australia Pty Ltd [2014] VSC 476, the Supreme Court… Continue Reading →

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