Small and large proprietary companies redefined

When you add your initials to a legal document, you authenticate its contents.

Misrepresentation in commercial contracts can expose businesses to significant legal and financial consequences, particularly where inaccurate statements, misleading disclosures, or unrealistic forecasts induce entry into a transaction. Under Australian law, parties may pursue remedies through both common law misrepresentation claims and statutory misleading or deceptive conduct provisions under the Australian Consumer Law, with potential outcomes including rescission, damages, and compensation orders.

Frustration of contract is widely misunderstood in Australian law, with many assuming contracts automatically end when circumstances become difficult or expensive. This guide examines the strict legal test applied by Australian courts, explaining when supervening events truly discharge contractual obligations and why financial hardship, increased costs, and commercial difficulties typically fall short of the frustration threshold.

Force majeure clauses in Australian contracts determine whether extraordinary events can suspend, delay, or excuse contractual obligations, but relief depends entirely on precise wording and strict compliance with notice and mitigation requirements. Understanding when businesses can legally invoke force majeure versus when they risk breach of contract claims is critical for managing commercial disruption.

Consideration is a legal term used to refer to the benefit that parties to a legal agreement or a contract receive.

Explanation of the law of deceit & fraudulent misrepresentation.

You can suspend performance where your contract permits it, legislation authorises it, or dependent obligations legally justify withholding the particular performance. An unpaid invoice alone does not automatically allow you to stop work. A right to terminate for serious breach also does not automatically create a right to suspend. Unauthorised suspension may itself constitute breach or repudiation.

A contractor agreement determines who pays when work goes wrong. Independent contractors carry their own commercial risk, unlike employees, so the agreement allocates that risk in detail. Liability commonly arises from breach of contract, intellectual property infringement, and breaches of confidentiality. Indemnities, liability caps and insurance requirements are the three tools that allocate it. Australian law puts limits on that allocation. Consumer guarantees under the Australian Consumer Law apply automatically, and no contract can exclude them.

Dividends are a common way for companies to distribute value to shareholders, but whether to declare or pay a dividend is not simply a commercial decision. Directors must ensure that any dividend complies with the Corporations Act 2001 (Cth) (Corporations Act), the company’s constitution and relevant governance requirements, while considering their duties to the company and its creditors.

This article explores the suburbs in Sydney with the highest and lowest crime rates.

On 18 February 2011 the Full Federal Court unanimously overturned the 2009 Federal Court ruling which cleared Fortescue Metals Group (FMG) and its Chairman and CEO Mr Andrew Forrest of misleading and deceptive conduct.

As wearable AI technology becomes more prevalent, employers face critical decisions about whether to ban smart glasses in the workplace. This analysis explores the privacy, cybersecurity, and workplace surveillance risks associated with AI-enabled eyewear, while examining the legal framework for regulating their use. Two important exceptions—disability accommodations and workplace safety—complicate what might otherwise be a straightforward prohibition.

The NSW Supreme Court's decision in Alta Vale Residential Pty Ltd v STM123 Pty Ltd confirms that directors and project managers can face personal liability under section 37 of the Design and Building Practitioners Act 2020 for breaching statutory duties of care in construction projects. This case examines how individuals who supervise, coordinate or exercise substantive control over building work may be held personally responsible for economic losses arising from construction defects, even when acting

New South Wales has introduced strict legislation targeting landlords who knowingly permit tenants to sell illicit tobacco and vapes from their premises. With penalties reaching $165,000 and potential imprisonment, property owners must now actively monitor tenant activities and report suspicious behavior. The legislation also grants landlords new powers to terminate leases when closure orders are issued, fundamentally changing the landlord-tenant relationship in commercial retail settings.

Corporate Australia complicit in Australia Day swaps enshrined in EBAs.

A recent NSW Supreme Court decision examines whether the 10-year statutory limitation period on building defect claims can be extended for contribution claims, and whether parties can amend pleadings on the final day before the limitation period expires.

A New South Wales Civil and Administrative Tribunal case examines when an owners corporation can lawfully enter a lot without owner consent to repair common property under emergency provisions. The dispute centered on whether ongoing water leakage constituted an emergency justifying entry, and what damages flow from such access.

When technology drives organisational change, HR must carefully manage timing, messaging & communication to prevent leaks or misinformation.

The New South Wales Government has introduced Decennial Liability Insurance (DLI), a groundbreaking 10-year no-fault insurance policy for new apartment buildings that guarantees protection against serious defects even if developers or builders become insolvent. This legislative reform, passed through the Fair Trading and Building Legislation Amendment Bill 2026, fundamentally changes how apartment owners are protected from structural failures and serious defects.

Public sector employees who oppose the TikTok ban would struggle to defend its use on work-issued phones.