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Legal perspectives from our expert lawyers
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It goes without saying that entrepreneurs want to grow their business as quickly and effectively as possible. However, many people fail to realise the integral role that intellectual property plays in the formation, expansion and protection of their ...
We are now past the second tranche of changes under the Insolvency Law Reform Act 2016 (Cth), comprised most importantly of Part 3 of the Insolvency Practice Schedule (IPS) (containing the General Rules relating to external ...
Division 65 and the New Strict Liability Regime With the first tranche of changes under the Insolvency Law Reform Act 2016 (Cth) (ILRA) now some 6 months behind us you could forgive the industry for...
On 18 September 2017 the Treasury Law Amendment (2017 Enterprise Incentives No. 2) Act 2017 (the Safe Harbour and Ipso Facto Act) became law. The Safe Harbour reforms introduced in the Safe Harbour and Ipso Fact...
External administrators are required to be independent, impartial and avoid personal conflicts of interests when carrying out their role and dealing with company assets. This is the reason for why they need to lodge a declaration of independence, rel...
Entire agreement clauses are often employed as a means of defining the parameters of an agreement. However, in reality such clauses are far from definitive and may be subject to a variety of limitations. What is an entire agreemen...
Parties to commercial transactions often enter into short preliminary agreements which are commonly referred to as heads of agreement, lease proposals, letters of intent and memorandums of understanding. These agreements are usually not enforceable ...
There is a common misconception that oral discussions do not give rise to binding agreements, however, provided the essential elements of a contract exist, oral conversations can form binding agreements, and a court will apply an objective test as to...
In a recent case before the NSW Supreme Court (352 Bourke Street Pty Limited as Trustee for 352 Bourke Street Unit Trust v Kerry Gai Rhall), Emmett J was tasked with determining the scope of the nascent “sunset date” provisions introduced in...