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Are you a start-up? Do you know what your duties as a director are?

Start-ups are on the rise, as is the number of young entrepreneurs taking on the role of company director. A company director, whether sitting on the board of an ASX-listed company or a small organisation, has to be clear on the duties and obligation...

Published by McCabes News
20 June, 2017
Commercial

One size does not fit all: varying the scope of the Part 5.3A moratorium on proceedings against companies in voluntary administration

Excerpt: Part 5.3A of the Corporations Act 2001 (Cth) (the Act), titled ‘Administration of a company’s affairs with a view to executing a deed of company arrangement’, codifies an extensive regime of rules and protocols which govern...

Published by Andrew Lacey
18 October, 2016
Commercial

Brexit implications Down Under

Despite being 15,195 kilometres apart, Britain’s decision to leave Europe has been described by some as a ‘king hit’ to Australia. Whilst Australia is unlikely to suffer any permanent scars from this blow, Australia will be forced t...

Published by McCabes News
22 August, 2016
Commercial

For better or for worse – be careful what you promise

A recent NSW Court of Appeal decision brings new meaning to the term ‘buyer beware’ and is a warning to carefully monitor statements that a target makes to its employees during a merger. Following a claim by two employees, the Royal Bank ...

Published by McCabes News
6 June, 2016
Commercial

Avoiding a “battle of the forms”: do you know which terms and conditions apply to your supply contract?

Many companies refer to their standard Terms and Conditions when entering into a contract for the supply of goods or services with another party. But what happens when two parties disagree as to whose T&Cs should apply? In this article, we exami...

Published by McCabes News
23 May, 2016
Commercial

Lender beware: third party guarantee held unconscionable to enforce

The recent decision by the Supreme Court of New South Wales in Alceon Group Pty Ltd v Rose [2015] NSWSC 868 is of particular relevance to lenders and solicitors advising guarantors in third party guarantee transactions. Christopher Rose was a directo...

Published by Terry McCabe
19 November, 2015
Commercial

Additional whole person impairment for treatment effects: not as easy as 1, 2, 3! – IAG Limited t/as NRMA Insurance v Gilshenen [2015] NSWSC 1165

Author: Antonia Vo Judgement Date: 20th August, 2015 Citation: IAG Limited t/as NRMA Insurance v Gilshenen [2015] NSWSC 1165 Jurisdiction: Supreme Court of New South Wales [1] In brief Medical Assessment Service (MAS) assessors retain the discretion ...

Published by McCabes News
27 September, 2015
Commercial

Pre-authorised Novation – careful what you sign up for

Recent decisions indicate that a party to a contract can pre-authorise novation of that contract. Pre-authorised novation can be useful for a business that may have a future need to transfer customer contracts to a third party (e.g. on the sale of it...

Published by McCabes News
1 September, 2015
Commercial

Advocate’s immunity for out of court work affirmed again White v Forster [2015] NSWCA 245

Author: Melissa Tan Judgement Date: 25th August, 2015 Citation: White v Forster [2015] NSWCA 245 Jurisdiction: Supreme Court of New South Wales Court of Appeal [1] In brief The Supreme Court of New South Wales Court of Appeal upheld the decision of t...

Published by McCabes News
23 August, 2015
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