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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.
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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.
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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’.
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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.
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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.
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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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What exactly is a partly-paid share?
Investing in partly-paid shares can come with unique benefits, such as voting rights and profits. Learn more about the legal and financial implications of this type of investment and the payment process involved.
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What are retention of title (ROT) clauses?
In commercial transactions involving the sale of goods, including intellectual property (IP), a seller should consider protecting themselves against the risk that a buyer may default on payment. In Queensland, one such protection method is provided by section 22 of the Sale of Goods Act 1896 (Qld) (SGA), which states that a seller may reserve…
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Term Sheets & Share Subscription Agreements
This article outlines the key clauses and potential pitfalls of creating a Share Subscription Agreement. Learn what to include in the Term Sheet and how to avoid common mistakes.
Commercial law
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