Call 1300 565 846 or +61 2 9458 7005
Close

Subscribe

Join our mailing list to receive breaking news and webinar invites.

Please tick if you'd like to receive alerts and webinar invites on the following topics:




Agree to the terms of our Privacy Policy.: By submitting this form you agree to the terms of our Privacy Policy.

Contractual Obligations During Lockdown

Contractual Obligations During Lockdown

Contractual Obligations During Lockdown
WRITTEN BY
Suzie Leask
Suzie Leask
Associate Director

Contractual Obligations During Lockdown


Your contractual obligations don’t just automatically stop because you’re in lockdown. 

Your business may be at risk of delay costs, have refund liabilities and exposure to regulator scrutiny under the Australian Consumer Law, or be in breach of contract and subject to a claim for damages, costs and even consequential or indirect losses. 

With the latest NSW and Victorian Government measures announced to combat recent COVID-19 outbreaks, it’s critical that you check the impact on your business’ contracts and supply chain. Now is the time to ensure you understand:

  • Do your contracts have a force majeure clause and what exactly does it cover?
  • In what circumstances is a contract ‘frustrated’?
  • Applicable contract terms or (compliant) cancellation policies and any cost consequences.

To help you we have prepared a comprehensive COVID-19 Contract Guide that deals with cancellations, force majeure, frustration and non-performance due to COVID-19.

In the current COVID-19 context, each business will be affected differently, due to varying state government restrictions and health directives, as well as different customer and supplier contract terms and conditions and cancellation policies. 

Regulators such as the Australian Competition and Consumer Commission (ACCC) have publicly indicated their expectation that businesses must treat consumers fairly and are watching closely for any unconscionable conduct or breaches of applicable consumer protection laws. 

As the liability and rights of parties arise primarily from individual contractual arrangements and specific circumstances, we strongly recommend you get in touch with our Commercial Team of the Year 2020 at info@ablawyers.com.au and seek legal advice in relation to your legal rights and obligations in order to minimise the risk and exposure to your business.

Related Resources

Join our mailing list to receive breaking news and webinar invites.

Please tick if you'd like to receive alerts and webinar invites on the following topics:




By submitting this form you agree to the terms of our Privacy Policy.
Please tick if you'd like to receive alerts and webinar invites on the following topics:




By submitting this form you agree to the terms of our Privacy Policy.

Join our mailing list to receive breaking news and webinar invites.

Please tick if you'd like to receive alerts and webinar invites on the following topics:




By submitting this form you agree to the terms of our Privacy Policy.

Australian Business Lawyers & Advisors (ABLA) (ACN 146 318 783) is the Trustee of Australian Business Lawyers & Advisors Trust (ABN 76 008 556 595). Liability limited by a scheme approved under Professional Standards Legislation.  Legal practitioners employed by or directors of Australian Business Lawyers & Advisors Pty Limited are members of the scheme.

To understand how we protect your privacy, please refer to our Privacy Policy.