The Australian legal system is based on the common law whilst most European legal systems are based on civil law. Although all these legal systems give weight to terms contained in a contract agreed between parties, it is important to note that most rules which will prevail over the contractual terms (or apply in the absence of contractual terms) come from the legislator in civil law systems (in the form of laws and regulations) and from the courts in common law systems (in the form of caselaw).
Whereas it may be sufficient to rely on applicable laws and regulations in Europe without drafting a separate document to record the parties’ intention, it is very important to agree the terms and conditions governing a transaction in Australia to ensure that the parties are protected against the uncertainty, which may result from changes in, or different interpretation of, relevant caselaw.
This is especially true in the context of a transaction between a European business and an Australian supplier, partner or customer. It is standard practice in Australia to agree the terms of a business relationship in a written contract and to seek legal advice before committing to such terms.
We can help you put the right commercial contract in place (e.g., agency agreement, distribution agreement, services or sales agreement).
See the Contact Us Page to discuss your requirements with us.