Kate Dart

Sep 11, 2024 | lexology.com | Peter Jones |Emma Donaghue |Kate Dart

A small business contract negotiated and tailored in a meaningful way may not be considered a standard form contract, even if boilerplate clauses that are alleged to be unfair are not negotiated. In the recent case of DCZ Early Learning Pty Ltd v Semper Mortgage Management Pty Ltd, the Queensland Supreme Court determined an indicative letter of offer (offer letter) provided by a private credit lender not to be a standard form contract.

Aug 31, 2023 | mondaq.com | Emma Donaghue |Kate Dart

The recent decision of the NSW Court of Appeal in Anchorage Capital Master Offshore Ltd v Sparkes highlights the challenges faced by lenders seeking to prove insolvency and establish liability for misrepresentation. Our Banking & Finance specialists, partner Emma Donaghue and lawyer Kate Dart, discuss the case and some key takeaways for lenders. KEY TAKEAWAYS Lenders should avoid using drawdown notices as a 'tick and flick' exercise.

Aug 8, 2023 | mondaq.com | Emma Donaghue |Kate Dart

In Part 2 of our Step-By-Step Guide to Facility Agreements, our Banking & Finance specialists-Emma Donaghue and Kate Dart-explain the differences between representations and warranties and how they are distinguished from undertakings. Part 1 introduced the key features of drawdown mechanisms and the importance of accurately describing conditions precedent in a facility agreement.