From 1 July 2018, new laws commenced which stay the enforcement of ipso facto clauses, which would otherwise allow a party to terminate or vary the terms of a contract, where the other party is in administration, receivership or under (or soon to be under) an insolvent scheme of arrangement.

The legislation is complex and liability may arise for wrongfully terminating a contract or for performing certain obligations in reliance on an unenforceable right under an ipso facto clause. As such, it is important to understand your rights and restrictions as well as how contracts can be updated to address the new regime.

McCullough Robertson’s Legal Education and Development (LEAD) seminars are designed specifically for Federal, State and Local Government lawyers and senior managers.

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Please note:  this is for government employees only