Contract Law Guides

Every commercial contract has a skeleton - the standard clauses lawyers argue about line by line. This guide explains what each essential clause actually does in a Queensland contract, the negotiating positions on each side, and the drafting traps that turn boilerplate into litigation. Governing law and jurisdiction Decides which state/country’s law interprets the contract and where disputes are fought. A Queensland business handed a NSW-governed contract faces different precedent, different procedural rules and travel. Negotiate home unless there is a compelling reason otherwise - and note the difference between governing law (which rules) and jurisdiction (which court).

Most business contracts are signed without a lawyer - and most contract disputes were avoidable at the drafting stage. This checklist is what we work through when reviewing a Queensland commercial contract. Use it to triage before you sign, and bring us in for the documents that matter (leases, supply agreements, shareholder deals, anything with personal guarantees). The 10 Clauses That Decide Who Wins 1. Parties and structure Who exactly is contracting - the company, the trust’s trustee, or you personally? Signing “for” a $2 shelf company with no assets is very different from a solvent trading entity. Check ACNs, trustee identifications, and whether directors are giving personal guarantees (see clause 10).