Mondaq Australia: Corporate/Commercial Law
Several leading law firms have worked together to develop a best practice industry approach to drafting security documents.
In the negotiation of complex agreements, clauses providing for agreed damages on termination can be a sticking point.
These PPSA model clauses by 5 law firms set out suggested clauses and definitions for certain core provisions of a GSA.
Breaches of franchise agreements are not tolerated and can be enforced by swift and decisive injunctive legal action.
A recent review of the Franchising Code is considering (among other things) the enforcement of the Franchising Code.
An agistment is when you let someone graze their stock on your land for reward.
Two recent surveys of SME business owners and their advisers have revealed some key reasons why businesses can fail.
Understanding a loan to own structure is a useful tool to unlock, and/or preserve, existing value in a target business.
Once the existence of a contract is established, there is a presumption that it continues until it is discharged.
The article considers the meaning of the expression "to negotiate in good faith", often found in commercial agreements.
A business name is a crucial part of generating goodwill and building valuable brand identity and equity.
The Government has stated that it intends to introduce the Charities Bill into Parliament in the Winter sitting in 2013.
APRA has made a number of proposals that affect current exemption orders for religious and charitable funds.
A summary of recent cases & legislative changes in the areas of customs and trade.
ASX Guidance Note 8 has been revised to provide additional practical advice for continuous disclosure obligations.
This case considered an alleged breach of contractual and equitable obligations.
The first quarter of 2013 has continued the positive trend of 2012.
The Personal Property Securities Act 2009 (Cth) (PPSA) has been in force now for just over one year.
A recent case has provided a valuable lesson about exclusivity clauses.
Have you stopped to think about how the retail automotive environment will look like in five years time, let alone a decade?
Most Popular Recent Articles
How safe is it to use email as a means of communication for formal notices under contracts?
This case is the latest decision to expand the meaning of "consequential loss" beyond the narrow English definition.
Exclusion clauses and limitations of liability are a common feature of commercial contracts, but how far do they go?
What lessons can be learnt from the first year of the PPSA, and how can businesses protect their assets in the future?
Most, if not all, businesses have secret information that gives them a competitive edge or expertise in their trading field.
This paper discusses the main elements of a defects liability clause and considerations for negotiating this clause.
From 1 July 2013, a new Anti-Dumping Commission will be established in Melbourne and an Anti-Dumping Commissioner will be appointed to head the new authority.
A summary of recent cases & legislative changes in the areas of customs and trade.
There are new requirements in NSW for witnessing the signing of affidavits, statutory declarations and affirmations.
Once the existence of a contract is established, there is a presumption that it continues until it is discharged.
