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Commercial law

  • Re-settlement of trusts – towards a definitive test

    Re-settlement of trusts – towards a definitive test

    The Copyright Act 1968 (Cth) has been amended to allow copyright owners to apply to the Federal Court to block access to infringing websites or online locations outside Australia, and to stop search engine providers from indexing them.

  • Overview of convertible notes

    Overview of convertible notes

    This article examines the features, accounting treatment, benefits, and legal issues of Convertible Notes – a complex financial instrument. It explores how both issuer and holder may benefit, and potential legal issues associated with their use.

  • Changes to Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2014] FCA 634

    Changes to Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2014] FCA 634

    Coles has been found to have breached the Australian Consumer Law (ACL). Find out what this means and how it could affect you. Get in touch for an obligation free and confidential discussion.

  • No implied term of mutual trust and confidence in employment contracts: Implications for employers

    No implied term of mutual trust and confidence in employment contracts: Implications for employers

    The High Court of Australia (High Court) has determined that employment contracts in Australia do not contain an implied term of mutual trust and confidence imposing an obligation on employers to treat their employees fairly or reasonably.

  • Misleading and deceptive conduct in commercial dealings

    Misleading and deceptive conduct in commercial dealings

    Business dealings between two or more parties often involve statements or representations during negotiations prior to reaching a concluded bargain. This article considers some case examples of conduct found to be misleading and deceptive in a variety of common business and commercial settings

  • Employment changes may trigger a constructive dismissal claim

    Employment changes may trigger a constructive dismissal claim

    Employers must be aware of potential constructive dismissal claims: a concept recognised by the Fair Work Act 2009 (Cth) and common law. Employees must prove the employer’s conduct was the principal factor in their resignation.

  • Cupid Media risks privacy of the dateless

    Cupid Media risks privacy of the dateless

    The Privacy Act 1988 (Cth) (Privacy Act) requires entities to take reasonable steps to secure personal information.

  • Planning for a business acquisition

    Planning for a business acquisition

    Malcolm Burrows’ series of nine articles, “Planning a Business Acquisition”, provides details to help avoid failure when planning or evaluating a business acquisition. It covers topics such as assembling an advisory team, confidentiality agreements, and due diligence.

  • Building and assembling an advisory team

    Building and assembling an advisory team

    Assembling the right Advisory Team for a business acquisition is critical. Explore a framework to determine the ideal composition for success. Factors such as the Target, Main Barrier and Acquirer must be considered.

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