Recently we held an intriguing webinar on International Contract Law hosted by the Italian Chamber of Commerce and Industry in which we discussed the difficulties encountered by Italian and Australian companies when dealing with each other and their contractual obligations in extra jurisdictional settings. In that instance we compared the 2 systems and how they...
In Queensland, all parties to a legal proceeding impliedly undertake to the court and to the other parties to proceed with the action in an expeditious way and of which rule 5 of the Uniform Civil Procedure Rules (UCPR) advises that parties to a proceeding must act in an expeditious way. One of the ways...
The recent case of Reozone Pty Ltd v Rene Santoro [2016] NSWSC 1383 (Reozone) is a warning to Suppliers to ensure the wording and execution of any agreement with a personal guarantee meets the requirements to enforce it. When providing goods and services on credit terms, more likely than not, the supplying company requires the director(s) of...
One of the positive side effects of COVID-19 is the opportunity to reset our environmental future, such as local air and water quality have improved dramatically in several areas after shutdowns were implemented. The same theory applies to your business as well. COVID-19 also provides an opportunity to reset for businesses and directors. However, what...
As we live through these unique circumstances of the COVID-19 Pandemic, it is timely to reflect on personal guarantees in Commercial Leases. In the current environment and more than ever, it is important to understand the seriousness and the risk that personal guarantees can have on businesses currently leasing or intending to enter into leases...
We have received many enquiries from both individuals and businesses who are concerned about the inevitable breaches of contractual obligations stemming from the outbreak of the COVID-19. This article will provide general information on the law relating to this subject matter. If you are concerned that you, your business, your customers or your suppliers may...
Employers can take practical and legal steps to avoid embarrassment, use of the employers contacts trade secrets, client and intellectual property. Let’s set the scene So your trusted second in charge has opted out of the industry, decided its time for a sea change and has advised you it’s time to call it quits...
We recently assisted a client in protecting its right to maintain its “brand” against a corporation known throughout the world. Given the disparity between the corporate sizes of our client’s business and of the corporation which was seeking to partially use our client’s registered trademark, it is an opportune time to consider what protection the...
The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) came into effect in July this year, finally recognising the need for enhanced protections for private sector whistleblowers. In seeking to protect those that raise concerns about misconduct in Australian companies, the new laws make significant demands on companies and impose tough penalites on those who get...
Many small businesses lack the time, resources, expertise and bargaining power to negotiate changes to terms specified in standard form contracts and more often than not are finding themselves trapped or at a loss as a result. Whilst it is always imperative to ensure that any contract entered into is effectively negotiated before signing on...
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