ClarkeKann
Shareholders and Directors’ Disputes – A way forward

Shareholders and Directors’ Disputes – A way forward

Disputes between shareholders and directors are common place and can take shapes of varying degrees and scope.  They often involve disagreements with respect to control over the direction, management or operation of a business, access to the company's books and...

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What is an unfair preference claim and how do I respond

What is an unfair preference claim and how do I respond

An unfair preference claim often arises in situations where a director of company, anticipating the company's liquidation, prefers some creditors over others by prioritising the payment of their debts. When the company is eventually wound up, there are then fewer...

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Release clauses in disputes settlement

Release clauses in disputes settlement

Broad and all-encompassing release clauses generally found in agreements in settlement of a dispute may be limited in its application depending on the circumstances and knowledge of the parties at the time the release came into existence. Key Takeaways When deeds of...

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Disputing beer brands and the Australian Consumer Law

Disputing beer brands and the Australian Consumer Law

Previously we discussed reputation in a trade mark and the law of trade mark infringement under the Trade Marks Act. Next, we consider reputation and its treatment under the Australian Consumer Law and the case between rival brewing companies Brick Lane Brewing Co Pty...

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Reputation in a trade mark – not relevant to infringement

Reputation in a trade mark – not relevant to infringement

Independent real estate start-up, The North Agency, fends off property monolith, The Agency, in the Federal Court of Australia. In dismissing all claims against The North Agency, including finding that The North Agency had not infringed The Agency’s trade marks, the...

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Unfair Contract Terms Reform Alert (2022)

Unfair Contract Terms Reform Alert (2022)

There are changes happening! Significant changes are set to shake up the law of Unfair Contract Terms in small business standard form contracts. The changes come into effect on 9 November 2023 and will introduce serious penalties for businesses that use and rely on...

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Director disqualified for breach of SMSF rules

Director disqualified for breach of SMSF rules

A recent decision by the Administrative Appeals Tribunal (AAT) has upheld the disqualification of a director of a corporate trustee of a self-managed super fund (SMSF) for several contraventions of the Superannuation Industry (Supervision) Act 1993 (SIS Act). Key...

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Congratulations John Gray – 50 years as a legal practitioner!

Congratulations John Gray – 50 years as a legal practitioner!

Congratulations to Partner John Gray! John recently celebrated the 50th anniversary of his admission as a legal practitioner.  The team at ClarkeKann are honoured to share in this remarkable achievement and proud to call John a colleague and friend. Over the course of...

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