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Searching Content indexed under Corporate/Commercial Law by Surry Partners ordered by Published Date Descending.
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1
Signed documents may not always be binding contracts
Parties to an agreement should ensure that their intentions to be legally bound or otherwise are expressly spelt out.
Australia
24 Jul 2019
2
Protecting employee benefits after insolvency: Tough new laws for employers and directors
Recent changes aim to discourage transactions which attempt to limit the amounts recovered by employees in liquidations.
Australia
17 May 2019
3
Verbal contracts – Worth the paper they are written on?
This case indicates that enforcing verbal arrangements between friends involving large obligations could be difficult.
Australia
26 Oct 2018
4
Appointing a receiver over assets on an insolvent trustee company – Some practical observations
The costs of the process demonstrate that the Act should be amended to simplify the administration of insolvent trusts.
Australia
3 Sep 2018
5
Non-disclosure agreements: Are they worth a razoo?
NDAs or confidentiality agreements are routinely used in business to restrict communication of confidential information.
Australia
22 Aug 2018
6
Is my contract truly ambiguous?
The NSW Court of Appeal recently clarified contractual interpretation principles regarding ambiguity of terms. clarified
Australia
22 Apr 2018
7
Merry Christmas: There is a Creditors Statutory Demand (CSD) under your Christmas tree
A Christmas shut down period could be dangerous for businesses, because a Creditor's Statutory Demand is time-critical.
Australia
15 Dec 2017
8
Got them by the guarantee! Have you really?
If your business routinely uses personal guarantees, your processes should be sufficient to ensure their enforceabilty.
Australia
31 Aug 2017
9
ACCC reviews small business contracts for unfair terms
Standard form contracts with small business are subject to Australian Consumer Law provisions on unfair contract terms.
Australia
5 Dec 2016
10
Are you being fair? Are they being unfair?: Unfair contract provisions
Implementation of small business protections under the unfair contract provisions of the ACL and the ASIC Act have begun.
Australia
19 Sep 2016
11
Set Offs – a recap
Set off rights can be complex, particularly in equity, and the article highlights a few of the basic set off principles.
Australia
22 Aug 2016
12
Wholesalers of stock – don't rely on retention of title (ROT)
Retention of title still exists, but the PPSA and Corporations Act 2001 have made this mechanism far less attractive.
Australia
6 Jul 2016
13
Protection for small businesses from unfair contract terms
New legislation has been approved this month to protect small businesses in Australia from unfair contract terms.
Australia
18 Dec 2015
14
Are you contracting with a corporate trustee?
Trust assets are held by the trustee on trust for its beneficiaries and are not always available to meet trustee debts.
Australia
23 Aug 2014
15
Looming insolvency – some traps for directors
The article discusses potential traps, such as the risk of directors being personally liable for insolvent company debts.
Australia
15 Mar 2014
16
Painaway – a complex shareholder dispute with a happy ending
The article is an account of a company dispute, where a DOCA eventually returned 100 cents in the dollar to creditors.
Australia
13 Mar 2014
17
The importance of registering your business name as a trademark
A recent decision by the Trade Marks Office demonstrates the importance of registering a business name as a trademark.
Australia
13 Mar 2014
18
Traps for directors – part 2 - a minority board position or a phoenix company transaction
Two potential traps for directors are risks associated with a minority board position or a phoenix company transaction.
Australia
13 Mar 2014
19
SME shareholder agreements – preventative medicine
I have recently acted in a number of SME shareholder disputes requiring my disputes and insolvency expertise.
Australia
29 Oct 2013
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