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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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Is exporting a product a trade mark infringement?
The Trade Marks Act 1995 (Cth) provides protection to Australian trade mark owners, but what happens when their mark is used overseas? Learn more about the protection the Trade Marks Act provides, and the remedies for infringement, by clicking through to the full article.
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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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How to avoid liability for resale price maintenance
The Federal Court of Australia held that Resale Price Maintenance (RPM) is prohibited under the Competition and Consumer Act 2010 (Cth). Companies engaging in, or planning to engage in RPM, should be warned of hefty fines for such activity.
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Resale price maintenance restrictions
Businesses should take care when making forecasts to avoid potential legal consequences under the Australian Consumer Law (ACL). Ensure that reasonable grounds, reasonable care, and accuracy of the basis of the forecast are all proven at the time it was made.
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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.
