Australia

These NSW cases demonstrate when a right to terminate a contract may be impacted by an implied obligation of good faith.

Many businesses are only just starting to realise the significant effect the PPSA has on the way business is transacted.

Directors must ensure the minutes are a true record and if you have voted against a resolution, the minutes must say so.

Following the review of the Franchising Code of Conduct, 18 recommendations have offered a range of proposed changes.

Now that we are nearing six months since its commencement, charities have acquired 'the feel' for how ACNC will operate.

There are new requirements in NSW for witnessing the signing of affidavits, statutory declarations and affirmations.

The parties may intend that a binding agreement arises from the formal contract, but the heads of agreement are binding.

The update discusses ASIC RG 47, which will assist directors to provide an OFR with effective disclosure for investors.

This case is the latest decision to expand the meaning of "consequential loss" beyond the narrow English definition.

These PPSA model clauses by 5 law firms set out suggested clauses and definitions for certain core provisions of a GSA.

The Commonwealth Government has announced significant additional funding for the ATO to investigate and pursue trusts.

Terminating a contract can be as awkward or confusing as a break up – you can still find yourself tied up in the courts.

This is one of a series of articles reviewing the judicial interpretation of words and phrases often used in contracts.

The article considers the meaning of the expression "to negotiate in good faith", often found in commercial agreements.

A recent decision of the NSW Court of Appeal has applied the 2008 decision of the Victorian Court of Appeal in Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd which effectively created a new definition of "consequential loss".

This article examines an aspect of the law on good faith - when a requirement of good faith is implied into a contract.

Online auctions are increasingly replacing the humble garage sale as the way for people to trade in ordinary (and occasionally not-so-ordinary) items.

Making the right decision on whether to use a deed, standard contract or an agreement can make a significant difference to the success of a transaction or project.

Differences of opinion or loss of confidence in the boardroom can cause troublesome disputes between board members. In these circumstances it may be necessary to consider how to remove a director from the board.

This paper outlines the principles and procedures governing a director of a company who personally pursues a commercial opportunity which may otherwise have been pursued by the company. As a result of their fiduciary relationship, directors are subject to the general equitable obligation not to take advantage of information or property acquired by virtue of their personal position.