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Terminating a contract with no set end date
In practice, we come across commercial agreements of varying types (Contracts) that, for whatever reason, don’t provide for a term or an end date (Expiry Date). There may have been reasons for this at the time that can no longer be recalled. It raises a number of issues, particularly where the subject matter of the…
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Proposed amendments to the requirements for listing on the ASX
Australian Securities Exchange Ltd (ASX) proposes changes to admission requirements to maintain market quality and integrity. Thresholds raised, minimum free float and spread tests strengthened. Refusal of admission examples to be included in Australian Securities Exchange Ltd (ASX) Guidance Note 1. Changes could be implemented as early as July 2016.
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Priority issues and the PPS Register
This article takes a closer look at the PPSA and how it affects secured creditors, exploring the Default Priority Rules, Attachment Times and priority time, as well as examples of situations where more specific priority rules apply.
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Vesting unperfected security interests on liquidation – register or perish!
In White v Spiers Earthworks Pty Ltd [2014] WASC 139 (White v Spiers), it was held that a security interest granted by a company will vest with the Grantor on insolvency or bankruptcy, unless it is registered on the PPSR. Businesses must take steps to register security interests to avoid potential loss.
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Tax incentives for early-stage innovation investors
The Australian Government has proposed a bill to incentivise innovation and foster an entrepreneurial culture. Learn more about the 20% non-refundable tax offset for eligible investors and the potential for an Australian Innovation Fund.
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When is a written agreement legally binding – Masters v Cameron revised
Understand the three types of written agreements and when they are legally binding. Learn the action to take if you have questions about the binding effect of a particular contract.
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Franchisor liability for misleading forecasts
An overview of legal requirements for making forecasts in a franchisor-franchisee relationship, and guidance on how to make forecasts that are legally compliant, are explored in this article. Learn how to protect franchisors and franchisees from legal action.
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Tag along rights in shareholder agreements
Learn how tag along rights protect minority shareholders and ensure that the controlling interest of a company remains in the hands of the original shareholders. Find out more by reading this article.
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Unfair contract terms, small businesses and amendments to Australian Consumer Law
The Australian Consumer Law (ACL) is introducing changes to small business contracts, and businesses must be prepared. This article provides guidance on understanding and applying the changes, which come into effect on 12 November 2016. Learn more about how to protect your business from potential detriment.
Commercial law
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