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1.3 Cautions and Update

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1.3.1 Cautions

It is necessary for users of the Guide to determine in each case the suitability or otherwise of the agreements and other documents referred to in the Guide to the particular circumstances applicable to that case. The Guide is not intended to constitute a legal opinion or other professional advice on which users may rely in implementing actual transactions. Nor is it intended as a substitute for legal or other professional advice when documenting proposed transactions. In this regard, it is strongly recommended that intending users seek prior independent professional advice in respect of the legal, taxation, stamp duty, regulatory (including in relation to licensing, conduct and disclosure obligations) and other implications arising from the use of the agreements and other documents referred to in the Guide.

Prepared with assistance of AFMA partner members

King & Wood Mallesons has prepared and updated the Guide, with the exception of 3.11 "Environmental products" and 3.12 "Gas" which have been prepared by and updated by Johnson Winter & Slattery.

The Guide is intended as an aid in understanding issues which arise under Australian laws when various agreements and related documents are used.

Accordingly while every care has been taken in preparing this Guide, none of AFMA, the member organisations of AFMA, King & Wood Mallesons, Johnson Winter & Slattery nor any of their individual representatives accepts responsibility for any losses suffered by contracting in the manner suggested in the Guide or arising from any error or omission in this Guide.

1.3.2 Updating the Guide

Each part of the Guide contains a reference to when it was last updated. This statement does not guarantee that the Guide, or that part of the Guide, has been comprehensively updated to that date as:

  • the AFMA Documentation Committee may have limited the scope of review to be undertaken; and
  •   the edits may relate only to consequential amendments from reviews of other portions of the Guide.