-
What exactly is an Incorporated Joint Venture?
Explore the risks and benefits of an Incorporated Joint Venture. Learn about the Corporations Act 2001 (Cth) and how it affects the agreement between Joint Venturers. Discover the common issues to consider when entering into a Joint Venture and how to protect yourself from potential liabilities. Click through to read more.
-
Federal Court rules on unfair contract clauses
This case serves as a reminder to businesses and consumers to review their contracts and ensure they are compliant with the Australian Consumer Law (ACL). Find out more about the Federal Court ruling and what it means for businesses and consumers.
-
Value shifting in commercial transactions explained
Value shifting is an important tax consideration in Australia. This article outlines the general regime and exemptions, as well as Australian Taxation Office (ATO) resources for guidance.
-
Can a third party be held accountable for breaching director duties?
This article examines how the Corporations Act 2001 (Cth) holds third parties “knowingly involved” in director misconduct accountable. Learn more about the tests, cases, and damages that can result from company business gone wrong.
-
Handling pre-contractual representations in franchising
This case serves as a warning to franchisors to be mindful of their pre-contractual representations. Find out what happened and why the Franchisor was awarded over $650,000 in damages.
-
Preventing ex-employees from using your client list
This article examines a Federal Court of Australia decision to grant an interlocutory injunction against a former employee. Learn how the Court reached its decision, what businesses can take away from the case, and find out how to protect your business from similar breaches.
-
Holding company responsibility for subsidiary debts
Uncover the factors that affect a holding company’s liability for its subsidiary’s debts. Learn when a holding company can be liable and what defences are available to protect it.
-
ASIC v Macdonald – have the lessons really been forgotten?
The case of Australian Securities and Investments Commission v Macdonald (No 11) [2009] NSWSC 287 highlights the importance of properly documenting Directors’ meetings to ensure they are legally compliant. This article examines the facts of the case, the basis of The Australian Securities and Investments Commission’s argument, and the principles of preparing minutes of Directors’…
-
What is the Meaning of Personal Information
Court discussed meaning of “personal info” and when identity can be ascertained. Didn’t define when metadata is personal info, but determined Section 6(1) of the Privacy Act 1988 (Cth) was substantial in making determination.
Commercial law
Make an enquiry
