Archives for November 2013

Redeemable Preference Shares

Last updated 22/08/2015
According to the Australian Securities and Investments Commission (ASIC) preference shares are shares that give holders some right or preference.

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Restraint of trade in commercial contracts – towards a systemic understanding

Part 1

The restraint of trade doctrine has a long history with the judiciary resting somewhat uneasily between protecting the public’s right to free trade, verses an employer’s right to protect Legitimate Business Interests[1] (LBI).  Restraint of trade cases present an unusual mix of employment law and intellectual property issues for the courts to adjudicate.

The general rule unfortunately is that a restraint of trade clause in an employment contract is contrary to public policy and prima facie void unless it can be justified by the special circumstances of the particular case.[2]

Because of the evolution of the case law on this issue and the different commercial contracts in which a restraint of trade clause can be used, the circumstances where a restraint of trade clause is enforceable vary widely.  Compounding the issue is the apparent widespread misunderstanding about the enforceability and subsequent lack of a consistent nomenclature for describing the elements of such clauses.

The aim of this article it is address these issues in our first “multipart article”. [Read more…]

Debt collection the right way

There are many effective ways in which you can seek to recover a debt.  That is not the problem. The issue that we often encounter is the presumption that a genuine debt, which is due and payable at law, exists to begin with.  This must, naturally, always be the first question to be asked and unless you can answer it in the affirmative (which is not always easy, and this is precisely the message we are hoping to deliver in this article), you may find that you will be throwing away good money after bad.  [Read more…]

Businesses obligations when trading online – Competition and Consumer Act 2010

The advent of the internet and electronic commerce has opened up numerous channels for businesses to sell to customers.  It could also be said that social media has created new ways of engaged with consumers.  In some respect the courts have struggled to keep up with the application of the law to the development of the technology.

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The Competition and Consumer Act 2010 (Cth) and consumer transactions

The general rule is that the Competition and Consumer Act 2010 (Cth) (CCA) applies to businesses supplying goods or services to consumers (B2C), but also in their dealings with competitors.[1]  Whether the CCA applies will depend whether goods or services are supplied to a consumer.[2] [Read more…]

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