Commercial law

  • What exactly is a term sheet?

    What exactly is a term sheet?

    Term sheets can be a powerful tool when negotiating a commercial agreement. Learn more about what they are, how they work, and when to use them.

  • Top 7 mistakes in commercial contracts

    Top 7 mistakes in commercial contracts

    Negotiating commercial contracts can be tricky. Learn the top seven common mistakes to avoid costly errors and make sure your contracts are successful.

  • Artificial intelligence – introductory thoughts on the legal issues

    Artificial intelligence – introductory thoughts on the legal issues

    Technology lawyers are grappling with the complex legal issues associated with Artificial Intelligence (AI), such as liability, competition, consumer issues, intellectual property, data ownership, security, and privacy. This article explores these topics and examines the approach taken in the European Union.

  • What are Services Agreements?

    What are Services Agreements?

    A services agreement is an essential tool for any business relationship. Learn more about the common clauses, liability, personnel obligations, and other considerations to ensure an effective agreement.

  • What is a data breach response plan and how do you obtain one?

    What is a data breach response plan and how do you obtain one?

    Organizations must now comply with the Notifiable Data Breaches Scheme. Learn how to create a Data Breach Response Plan and why it is so important for compliance.

  • Shareholders’ right to information

    Shareholders’ right to information

    When shareholders are restricted from accessing company information, it may be a sign of a dispute. The Corporations Act 2001 (Cth) provides mechanisms for minority shareholders to obtain relevant information, but they must prove they are acting in ‘good faith’ and ‘for a proper purpose’.

  • Is your liquidated damages clause a penalty?

    Is your liquidated damages clause a penalty?

    This article explores the enforceability of liquidated damages clauses in contracts, examining tests, and precedent cases to determine when a clause is a “genuine pre-estimate of damages” and not a penalty.

  • When is a company classified as an Australian resident for tax purposes?

    When is a company classified as an Australian resident for tax purposes?

    Employers should draft and implement a drug and alcohol policy to protect workers and the business from the risks associated with drug and alcohol use. This article outlines the importance of such a policy.

  • Director loans – can they be recalled anytime?

    Director loans – can they be recalled anytime?

    This article explores the legal considerations of when loans between family members or directors of a company are due and payable on demand. Learn more about the relevant case law and express terms that may be implied by conduct.

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