Business Transactions
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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Is a personal guarantee always binding?

Is a personal guarantee always binding?

In the current environment with rising inflation and interest rates, there is more pressure on business owners and individuals to ensure financial obligations are met. This is particularly so when these obligations have been guaranteed by business owners, directors,...

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Out of Time

Out of Time

How, and when, documents should properly served under the terms of a contract is a common, but important issue. While proper service may appear straightforward, getting it wrong can detrimentally affect the exercise of contractual rights under a particular contract....

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Sole Director? Be aware of your duties

Sole Director? Be aware of your duties

Key takeaways The sole director of a company was found to have breached his duties as a director by causing the company, which was in difficult financial circumstances, to make unsecured loans to another company associated with the director. It is important for...

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Introducing Corporate Collective Investment Vehicles

Introducing Corporate Collective Investment Vehicles

Traditionally it has been perceived that a lack of familiarity by foreign investors with the trust based structure of Australian managed investment schemes has been a significant barrier to attracting offshore investment in Australian funds. To combat this, from 1...

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Crown directors dealt a winning hand as ASIC backs off

Crown directors dealt a winning hand as ASIC backs off

Key takeaways Crown directors avoid ASIC prosecution partly because they were entitled to rely on "what they were being told by senior management". Directors may properly discharge their duties and defend against claims of breach by reasonably relying on information...

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The remote witnessing of legal documents is now here to stay

The remote witnessing of legal documents is now here to stay

After an 18 month trial period the NSW Parliament has now made the temporary provisions which allowed for the remote witnessing of important legal documents such as wills, statutory declarations and affidavits, permanent. The decision to make these measures permanent...

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