-
Shareholder oppression – the early warning signs
This article explores the legal framework of shareholder oppression and identifies early warning signs to look out for when starting a new venture, such as entity type, relationship with advisors, exclusion from management, access to info and non-flexible negotiation.
-
Understanding deal fatigue in business transactions
Learn how to reduce deal fatigue in commercial transactions. Tips include increasing bargaining position, introducing lawyers and planning the deal. Get advice to help you make the most of your next commercial transaction.
-
Transfer duty exemption for small business restructuring
The Queensland Commissioner of State Revenue has issued a public ruling outlining potential exemptions from transfer duty for eligible small business entities undergoing a restructuring. Get the full details of the ruling, its implications and eligibility requirements here.
-
Ending an indefinite contract
Terminating an Indefinite Contract can be complex. This article examines the issues of reasonable notice, compensation, commission, and case studies to help answer common questions.
-
Who is an “officer” in business dealings?
The High Court’s decision in Deputy Commissioner v Huang [2021] HCA 43 confirms the Federal Court may make worldwide asset freezing orders. This is an important development in Australian law.
-
What is a registered design – Australian law
Learn more about registering a design in Australia and the legal rights associated with it. Understand the criteria for successful registration, the legal owner of the design, and infringement proceedings.
-
The tort of passing off explained
The tort of “passing off” occurs where one trader (Defendant) has wrongly represented that its goods or services are related to those of another (Plaintiff) by imitating the latter’s “get-up”, or look and feel of their product or service.[1] A passing off action is designed to provide a remedy when this situation results in damage to the Plaintiff’s business reputation. It is usually pleaded as an alternative cause of action to misleading and deceptive conduct pursuant to the…
-
Changes to monetary threshold for consumer contracts
Businesses have consumer guarantee protections to consider, with the threshold for contracts subject to Australian Consumer Law increasing from $40,000 to $100,000. Find out what changes you need to make to stay compliant with the law, as of 1 July 2021.
-
Just and equitable winding up – shareholder oppression
Discontinuing proceedings in the Federal Court of Australia can be costly, as the default position is that the discontinuing party pays the other party’s costs. However, the Court has discretion to award costs and may consider the parties’ conduct and reasons for discontinuance.
Commercial law
Make an enquiry
