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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.
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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
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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.
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Cupid Media risks privacy of the dateless
The Privacy Act 1988 (Cth) (Privacy Act) requires entities to take reasonable steps to secure personal information.
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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.
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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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Selecting and appointing a lead consultant
This article provides an overview of how to select and appoint a lead consultant for an acquisition. Learn about key factors such as delegation of power, skills needed, and various roles and occupations lead consultants can come from to ensure a successful process.
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Should a lawyer be the Lead Consultant?
Discover the role of a Lead Consultant in a business acquisition process and the qualities needed for success. Gain insight from case studies and find out the legal advice you should obtain for your own situation.
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Working with an Expert Adviser
Expert advisors may be consulted for business acquisitions, including IT consultants, industry experts, insurance brokers, scientists, lawyers, and patent attorneys. Advisory team must understand role, scope of work, and due date for successful work.
