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The GST going concern exemption explained
When selling a business in Australia, it’s important to know the going concern exemption to goods and services tax (GST). Learn more about the applicable threshold requirements and legislative references.
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Drag along rights can be enforced in Court
This article examines a 2013 case, William McCausland v Surfing Hardware International Holdings Pty Ltd [2013] NSWSC 902, which serves as a reminder of the enforceability of drag along clauses in shareholders agreements and the complexity of factors that can affect the legal position of the parties involved.
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Redeemable preference shares – what to know
This article discusses the rights, obligations and taxation implications of Redeemable Preference Shares (REDP), hybrid securities with both debt and equity characteristics as defined by the Australian Securities and Investments Commission (ASIC). Case law examples and the process for issuing REDP according to the Corporations Act 2001 (Cth) are also discussed.
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Restraint of trade & commercial contracts – a systemic approach
This article provides an invaluable overview of restraint of trade clauses (ROTs). It examines the enforceability of ROTs, their test of reasonableness, and the role of the Court in determining their reasonableness, providing a valuable guide for those wishing to draft and enforce them.
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Debt collection – done right
Uncovering debt and how to recover it effectively can be challenging. Dundas Lawyers can advise on strengths and weaknesses of a debt claim and options to advance it.
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Businesses’ obligations when trading online – Competition and Consumer Act 2010
The Competition and Consumer Act 2010 (Cth) provides legal remedies for those aggrieved by a business’s online conduct, such as penalties, damages, etc. This article explores remedies for misleading, deceptive, unconscionable conduct and unfair contract terms.
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Consumer transactions & The Competition and Consumer Act 2010 (Cth)
Businesses supplying goods or services to consumers or competitors must understand the Competition and Consumer Act 2010 (Cth) (CCA) to ensure they are compliant. Learn more about how to ensure fair treatment of customers and minimise risk of breaching the CCA.
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Applying to set aside a creditor’s Statutory Demand for payment
Understand how to assess a genuine dispute in commercial contracts when served with a creditor’s Statutory Demand. This article explains the case law, provides links to relevant cases and references, and explains when to seek legal advice.
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Understanding the legal issues of gamification
Gamification is a popular way to engage customers, but there are many legal issues to consider. This article looks at those issues and offers advice on how to get started.
Commercial law
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