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Big changes are coming to regulate the chain of responsibility in the transport supply chain.

Although road laws generally apply to drivers and operators, other parties in the transport supply chain are often the cause of breaches, or the breaches are outside of the control of drivers or operators. Australia’s transport Ministers wanted to reform the existing law relating to the use of heavy vehicles to align it with other national safety legislation and tighten up obligations right across the transport supply chain. So, from October 2018, all parties in the transport supply chain will have a positive duty to ensure safe practices. This does not mean that every party will be liable for every breach – it means that parties will be responsible for any breaches over which they had contr

Automatic rights to terminate for insolvency and new legislation - the end of ‘ipso facto’ clauses?

The Federal Government is set to bring in reforms to assist struggling businesses from going under and closing their doors. The new controls come into effect from 1 July 2018 and could signify the end of ‘ipso facto’ clauses. What are ‘ipso facto’ clauses? Commonly found in contracts across all industries, ‘ipso facto’ clauses allow a contracting party to modify, suspend or terminate their contract with another party when a certain event arises, such as insolvency. Unfortunately for businesses, these rights are often exercised despite the company’s ability to continue performing their obligations under the contract. The termination of these contracts can be the death knell for a business tha

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