The novel coronavirus / COVID-19 pandemic continues to cause mass disruption across the globe, with the extent of the damage yet to be understood. It has led to businesses examining their business models, cutting expenses and re-negotiating contractual relationships. It is hoped that, in this time, people and entities try to work together for general survival, rather than focussing on black letter law. However it is important to know how your contracts work, and your potential options. It is also important to prepare, commercially and legally, for the next black swan event.
The recent High Court decision in Western Australian Planning Commission v Southregal Pty Ltd; Western Australian Planning Commission v Leith  HCA 7 has emphasised the importance for both landowners and purchasers to undertake their due diligence prior to the acquisition or sale of land.
For an enforceable contract to exist both parties to the contract must have “capacity”. This will generally depend on an objective legal test of capacity, rather than the subjective intention of the parties.
A shareholders’ agreement (SHA) is a contract between some or all of the shareholders of a company. Pursuant to an SHA, shareholders agree to regulate the exercise of some of their rights as shareholders of a company.
In South of Perth Yacht Club (Inc) v Jacob MLA  the Supreme Court of Western Australia quashed the Minister for Environment's decision to impose a condition upon the Yacht Club requiring it to enter into a new lease, as part of the approval granted by the Minister, for an application to commence development within an area of riverbed the subject of a lease between the Yacht Club, as lessee, and the Minister for Transport, as lessor (the Lease).
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