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Restraint of trade clauses & commercial contracts
This article examines a Court decision that tested the enforceability of a 10-year restraint of trade clause in a commercial contract. Find out what the Court decided and the implications for the parties involved.
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Diversion of the corporate opportunity doctrine
Directors have a legal responsibility to act in the best interests of the company and its shareholders. This article explores how Directors can pursue opportunities for personal gain without breaching their duties, as well as other related topics such as directors’ duties and liabilities.
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Safe Harbour protects proactive Directors not merely ‘living in hope’
From 1 July 2018, directors of financially challenged companies have a defence against breaching Section 588G(2) of the Corporations Act 2001 (Cth). However, directors must take proactive steps to assess the financial position and implement a rescue strategy when first suspecting insolvency.
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De-encryption laws: compelling tech giants to cooperate with law enforcement
The Australian Government is introducing encryption-related legislation that could have significant implications. Get the full scoop on what this Bill could mean for companies and citizens before it is officially announced.
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Ipso facto clauses weakened after 1 July 2018
Are you ‘Investor Ready’? This article outlines the key elements businesses and promoters should consider to attract investors, providing a checklist of the key components to be in place.
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Director’s personal liability – misleading & deceptive conduct
Directors: prevention is cheaper than cure! Explore ways to ensure your corporation doesn’t engage in misleading or deceptive conduct under the Australian Consumer Law (ACL). Take active steps to protect yourself from personal liability.
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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.
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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.
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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.
Commercial law
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