ArticleUnfair contract terms proposed to get tougherThe ACCC has long been advocating for heavier penalties and a widened scope of the ACL unfair contract provisions.AustraliaConsumer ProtectionBennett & Philp Lawyers
ArticleAustralian IPO Review 2021: Can You Forecast In A Pandemic?Early on in the Covid–19 pandemic, in the first half of 2020, many ASX–listed companies withdrew their guidance, concerned that the numerous pandemic–related uncertainties undermined any reasonable basis for financial forecasting.AustraliaCoronavirus (COVID-19)Herbert Smith Freehills Kramer LLP
ArticleA timely reminder ahead of the festive season: The importance of being fairAll traders must strictly comply with all of their obligations under the ACL, including the unfair contract terms.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleAgent commission denied: difficulties with conjunction agreementsA lack of understanding when it comes to contract terms could cost real estate agents their agent commission.AustraliaCorporate/Commercial LawRamsden Lawyers
ArticleASIC issues reminder for businesses to check for unfair contract termsASIC has set out an expectation that the transition period should be used to review all relevant standard form contracts.AustraliaCorporate/Commercial LawClayton Utz
ArticleASIC releases Information Sheet on new laws which extend unfair contract terms to small business contractsBusinesses should review all standard form contracts to see if the other party is a small business under these new laws.AustraliaCorporate/Commercial LawHolding Redlich
ArticleAustralian Court Revisits Admissibility Of Surrounding Circumstances In Contractual InterpretationThe principles underlying contractual construction have been the subject of much debate between intermediate courts in Australia.AustraliaCorporate/Commercial LawClyde & Co
ArticleBalancing Consumer Protection with Freedom of ContractFreedom of contract must be balanced with the necessity to protect consumers and small businesses from unfair practices.AustraliaCorporate/Commercial LawSajen Legal
ArticleCash is king – Payment times reporting for large businesses (>$100 M) in AustraliaThe report will be required to include specific information about the large business' payment times and practices.AustraliaCorporate/Commercial LawClifford Gouldson Lawyers
ArticleDuty On Shares And Units – New Regime In Western AustraliaParties looking to acquire an interest in a company or a unit trust owning land in Western Australia should consider whether duty will apply to the transaction. The Duties Act 2008 came into effect on 1 July 2008 and replaced the Stamp Duties Act 1921.AustraliaCorporate/Commercial LawNorton Rose Fulbright Australia
ArticleElectronic execution of documents changes in VictoriaNew regulations for the execution and witnessing of documents via audio visual links have been passed in Victoria.AustraliaCorporate/Commercial LawHolding Redlich
ArticleElectronic execution of documents: Permanent reform has finally arrivedThese permanent changes to the Corporations Act reflect the significant role that technology plays in modern society.AustraliaCorporate/Commercial LawMcCullough Robertson
ArticleFranchise or License - what would you choose?The difference between licensing and franchising. AustraliaCorporate/Commercial LawColeman Greig Lawyers
ArticleGoing, Going, Gone? Online Auctions And Smythe v Thomas [2007] NSWSC 844Online auctions are increasingly replacing the humble garage sale as the way for people to trade in ordinary (and occasionally not-so-ordinary) items.AustraliaCorporate/Commercial LawMinter Ellison
ArticleHow to avoid engaging in misleading and deceptive conduct when selling your businessIf you provide false or untrue information to a potential buyer, you could engage in misleading and deceptive conduct.AustraliaCorporate/Commercial LawLegalVision
ArticleIndemnities in commercial contracts - McLeary v Swift [2012] NSWSC 1403A recent case reminds us to carefully consider just who is to be indemnified.AustraliaCorporate/Commercial LawHolding Redlich
ArticleIndemnity clauses – be careful what you wish forHow to recognise some of the common types of indemnity clauses and points to consider when employing such clauses in contracts.AustraliaCorporate/Commercial LawMcCullough Robertson
ArticleIt is official: Virtual meetings and e-signing are here to stayCompanies can continue to use technology to validly execute documents, hold meetings and distribute meeting materials.AustraliaCorporate/Commercial LawHolding Redlich
ArticleI’m selling my business. Can my business social media account form part of my assets?The article discusses the difficulties involved with the transfer of social media accounts and possible alternatives.AustraliaCorporate/Commercial LawColeman Greig Lawyers