Mondaq Australia: Corporate/Commercial Law
Coleman Greig Lawyers
Franchisors and their holding companies can be liable for a variety of contraventions by franchisees within the network.
Pointon Partners
If the amendments apply only to contracts entered into on or after commencement, the bill should be amended to say so.
Stacks Law Firm
It is critical to ensure that your Contract for Sale of Business accurately reflects your agreement with your buyer.
Clayton Utz
This article provides guidance for parties wishing to regulate or exclude fiduciary duties from their JV relationship.
Pointon Partners
The article discusses numerous changes to the exposure draft, as redefined by Treasury following targeted consultation.
Norton Rose Fulbright Australia
The report reveals an under-preparedness in some large companies to adequately respond to reputational risk crises.
Worrells Solvency & Forensic Accountants
A DIN could reduce illegal phoenix activity by tracking directors and their relationships to other companies and people.
Marque Lawyers
Amazon says it will comply with local laws, as its US contract terms could be deemed unfair if applied in Australia.
Corrs Chambers Westgarth
The update can assist directors and other officers comply with a personal duty to exercise due diligence under WHS laws.
Jones Day
In our last Commentary, we discussed the ACCC's action against JJ Richards, which was the first case brought under the extension of the unfair contract terms provisions of the ACL to small business contracts.
Jones Day
The Australian Competition and Consumer Commission is bringing its first case under the unfair contracts provisions.
Marque Lawyers
Like IPOs, ICOs are a form of fundraising, where companies issue investors with coins or tokens instead of shares.
If the default clause is found to be a penalty, the provision is unenforceable and the consequences can be significant.
Bryks Lawyers
All businesses that deal with small business should review their standard form contracts for any unfair contract terms.
CSF is an exciting development in Australia's fundraising landscape as it offers an alternative source of capital.
Clayton Utz
The Government announced that it will launch a comprehensive package of reforms to crackdown on illegal phoenix activity.
Clayton Utz
While it is easy to simply click the "I agree" button or similar, it is still advisable to skim the terms and conditions.
Corrs Chambers Westgarth
This article includes four key legal issues you need to be considering while your start-up is still in its early stages.
Clayton Utz
Phoenix activity affects creditors, employees, competing businesses and taxpayers when it leaves behind an empty shell.
McCullough Robertson
ASIC released a regulatory guide on equity crowd-sourced funding to assist companies raising funds via the new regime.
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Stacks Law Firm
The court had to decide whether the parties had intended to create a legally binding relationship by the email exchange.
An ICO is a fundraising mechanism using blockchain technology (bitcoin or ether) to sell tokens to fund new projects.
Clayton Utz
Businesses should take particular care to review the terms of their standard form B2B contracts with small business.
Holding Redlich
This case is a salutary lesson in the care that must be taken when drafting and interpreting dispute resolution clauses.
ClarkeKann Lawyers
Gone is the time when there was doubt around whether email exchanges could form a valid binding agreement.
Norton Rose Fulbright Australia
Parent companies and franchisors could be liable for workplace relations breaches of their subsidiaries and franchisees.
Holman Webb
Retirement village operators should review contracts to ensure compliance with state retirement living laws and the ACL.
Clayton Utz
Holding companies and franchisors may be liable for breaches of the Fair Work Act by their subsidiaries or franchisees.
Clyde & Co
In Australia the corporate regulator, the ASIC, can institute criminal proceedings or civil penalty proceedings against directors and officers for a range of breaches of the Corporations Act 2001 (Cth).
Disputes between shareholders can be costly and disruptive, so it is important that any disputes are resolved quickly.
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