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As seen in: Law Society Journal Australia
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Articles

Force majeure and frustration in 2026: the contracts written for the last crisis

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By Mark Lazarus -
| Law Society Journal Australia
A A A By - Jul 10, 2026 8:55 am AEST Snapshot Since 2020, the instinct has been to make force majeure clauses longer and more specific. That instinct is misplaced; a force majeure clause allocates risk and allocating the risk of an event is precisely what stops the doctrine of frustration applying to it. In return, the clause does little more than suspend performance, and often excludes payment, the one obligation a commercial dispute is ever really about.
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