Auditor Liability in Singapore and Australia Compared

Auditor Scope of Duty: The US$2.6 Billion Limit on Professional Liability in Singapore and Australia

A negligent adviser does not answer for everything that follows from the advice. The limiting principle, drawn from the House of Lords decision in South Australia Asset Management Corporation v York Montague Ltd, is that an adviser who supplies information is responsible for the consequences of that information being wrong, not for every consequence of the course of action the client then takes. Where that limit belongs inside the structure of a negligence claim has never been settled across the common law world. On 16 July 2026 the Singapore Court of Appeal moved it.

For your company, the commercial stakes are high. A five-member Court of Appeal struck out a US$2.6 billion head of loss claimed against an auditor, and did so by relocating the limit out of the duty of care and into the ordinary contractual rule on remoteness of damage. If you engage auditors, valuers, or any professional adviser under a Singapore-law engagement, the question of what your adviser is exposed to is now argued in a different place, and pleaded differently. If you are the adviser, the same shift decides whether the largest head of loss against you survives a strike-out application.

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Singapore–Australia Essential Supplies Protocol

Singapore–Australia Essential Supplies Protocol: Why the New Pact Will Not Rescue Your Supply Contract

On 27 July 2026, at the Singapore–Australia Joint Ministerial Committee in Adelaide, the two governments signed the Protocol on Economic Resilience and Essential Supplies, a new protocol to the Singapore–Australia Free Trade Agreement, alongside a separate Australia–Singapore Industrial Base Resiliency Arrangement covering defence supply chains. The headline is that essential goods, above all fuel, will keep flowing between the two countries during disruption. The detail is that both instruments bind governments to each other, not sellers to buyers, and the trade Protocol is a best-efforts commitment that has not yet entered into force.

For your company, the commercial stakes are high. If your supply chain runs through the Singapore–Australia corridor, the temptation is to treat this pact as a safety net and move on. That is a mistake. When a cargo is held at a port, a refinery diverts a shipment, or an export licence is refused, the document that decides who bears the loss is your contract, not the Protocol. The force majeure clause, the export-restriction wording, the Incoterm you selected and the law you chose will do all the real work. This article explains why, and what to check before the Protocol takes effect.

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Unfair Trading Practices in Franchising: What the 2026 Reforms Mean for Dealers and Small Business

Unfair Trading Practices in Franchising: What the 2026 Reforms Mean for Dealers and Small Business

Unfair trading practices are commercial behaviours that exploit significant imbalances in bargaining power to cause detriment to the weaker party, even where the conduct falls short of fraud or misrepresentation. In franchise and dealership relationships, this most commonly takes the form of unilateral changes to the business model, short-notice termination without adequate compensation, and artificial time pressure designed to limit a franchisee’s ability to respond. The fundamental problem under existing Australian law is that courts have consistently held that commercially hard conduct of this kind does not necessarily satisfy the demanding threshold for statutory unconscionable conduct under the Australian Consumer Law (ACL). The Mercedes-Benz dealers litigation, which ran from 2021 to its final resolution by the High Court in November 2025, is the most significant illustration of that gap.

For your business, the commercial stakes are high. The Federal Government introduced the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 into the House of Representatives on 1 April 2026, creating a new general prohibition on unfair trading practices that is deliberately designed to capture conduct that currently falls through the cracks of existing law. A separate consultation on extending those protections to small businesses and franchisees closes on 10 July 2026. Together, these reforms represent the most significant expansion of commercial protections in Australian consumer law in a generation.

In 2025, commercial arbitration has firmly replaced state litigation as the preferred battlefield for international business in Vietnam. But it is not without its traps.

This guide demystifies the process, breaks down the costs, and explains the landmark 2025 legal reforms that have fundamentally changed the game for foreign investors.

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Arbitration Finality: Protecting Your Award from Arbitrator Overreach in Singapore

Arbitration Finality: Protecting Your Award from Arbitrator Overreach in Singapore

Arbitration is chosen by commercial parties primarily for its promise of a final, binding resolution. However, a significant risk arises when a tribunal attempts to “correct” or “revisit” a decision after it has already been rendered. Under Singapore law, once an arbitrator delivers a final award, they are functus officio, which means their authority over the dispute is extinguished. Any attempt to reverse or substantively alter that award is not just an error; it is a legal nullity.

For your company, the commercial stakes are high. If a tribunal oversteps its mandate by trying to issue a “second version” of an award, the resulting legal limbo can stall enforcement and lead to expensive set-aside proceedings in the High Court. Understanding these limits is essential for ensuring that when you win an arbitration, the win stays won, and the tribunal does not inadvertently open a “back door” for your opponent to re-litigate settled issues.

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The Ultimate Guide to Finding the Perfect Building and Construction Lawyer

In the Trenches of a Building Dispute? How to Find the Right Legal Partner

A construction project should be a source of progress and pride. But when things go wrong, it can quickly become a source of immense stress, financial strain, and sleepless nights. Whether you’re a homeowner staring at defective work, a contractor fighting to get paid, or a developer navigating a high-stakes contract, the feeling of being overwhelmed is universal.

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Buying a property off plan: A Guide to Navigating the Risks and Protecting Your Dream Home

The idea is captivating: a brand-new home, built just for you. Buying a property off-the-plan can feel like the perfect way to step into a modern apartment or townhouse, often with the chance to personalize finishes and secure a contemporary home at today’s prices. It’s an exciting prospect, but the journey from a glossy brochure to getting your keys is a unique and complex one, filled with potential pitfalls that can turn a dream into a stressful ordeal.  

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Technology contract disputes Australia: Key Takeaways from Austech v Oz Wide

In Australia, technology contract disputes have become increasingly common. Understanding how to navigate these disputes is essential for businesses involved in tech agreements.

The case of Austech Applications Pty Ltd v Oz Wide Trading Group Pty Ltd [2021] VCAT 345 offers valuable insights into the complexities of software development contracts, particularly when employing agile methodologies. This case underscores the importance of clear contractual terms and mutual understanding between developers and clients. It also highlights key risks in technology contract disputes in Australia, especially when parties fail to align project expectations with legal documentation.

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Unit Title Rental Certificate ACT 2025: What Landlords Must Know

From 9 January 2025, all landlords in the Australian Capital Territory (ACT) leasing unit title properties will be legally required to provide a Unit Title Rental Certificate to new tenants. This is part of the residential tenancy law reforms introduced through the Housing and Consumer Affairs Legislation Amendment Act 2024, which amends the Residential Tenancies Act 1997 (ACT).

These changes affect landlord obligations in the ACT and aim to improve transparency for tenants moving into units within buildings managed by Owners Corporations.

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Navigating Legal Challenges in the Australian Market: A Guide for Asia-Pacific Companies

Introduction

Overview of the Australian Market

Australia boasts a robust and dynamic economy, characterized by a high degree of political stability and a strong regulatory framework. The nation’s economy is diverse, with key sectors including mining, agriculture, finance, healthcare, and technology. Australia’s strategic location in the Asia-Pacific region and its extensive network of Free Trade Agreements (FTAs) with major economies such as China, the United States, and ongoing discussions with the European Union further enhance its appeal as a lucrative market for international businesses.

Australia’s regulatory environment is stringent, with bodies like the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA) playing critical roles in maintaining market integrity and consumer protection. Recent regulatory trends emphasize cybersecurity, operational resilience, and the enforcement of financial accountability, reflecting global shifts towards stricter compliance standards.

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