ArticleSit, stay, roll over! – Reforms in the treatment of ipso facto clauses in contractsThis article explains what an ‘ipso facto' clause is, when they are problematic and they mean for Australian companies. AustraliaInsolvency/Bankruptcy/Re-StructuringBryks Lawyers
ArticleHefty increases to penalties for breaches of the Australian Consumer Law (ACL)This recent act introduced significant increases to the maximum penalties for breaches of the Australian Consumer Law.AustraliaConsumer ProtectionBryks Lawyers
ArticleASIC, the Loan Ranger of Australian credit lawsLoans, sales by instalment, or leases of goods with an option to purchase may all be covered by Australian credit laws.AustraliaFinance and BankingBryks Lawyers
Article2017 Retail leasing reforms – Benefits for lessorsThis is the second of two articles that look at the benefits of the changes to the law for retail lessees and lessors.AustraliaReal Estate and ConstructionBryks Lawyers
ArticleCommercial Leasing Case Update: NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10Retail lessees must ensure that any matters on which they rely in entering into a lease are effectively addressed in the lease.AustraliaReal Estate and ConstructionBryks Lawyers
Article$160,000 penalty for falsely representing the Australian Consumer Law (ACL)The ACCC is committed to cracking down on businesses that mislead consumers as to their remedies pursuant to the ACL.AustraliaConsumer ProtectionBryks Lawyers
ArticleACCC cracks down on cartel conduct contravening Australia's competition lawsThe ACCC has warned that it will continue to take a strong line against parties engaged in cartel conduct.AustraliaAntitrust/Competition LawBryks Lawyers
ArticleAn update on parallel importationThe amendments to the Trade Marks Act 1995 are designed to help increase genuine parallel importation and competition.AustraliaIntellectual PropertyBryks Lawyers
ArticleBeer wars: Was it a case of passing off? Pacific Ale v Thunder Road PacificThis case suggests that, in certain circumstances, competitors may use similar, almost identical, phrases in marketing.AustraliaIntellectual PropertyBryks Lawyers
ArticleRetailers beware of ACCC penalties for excessive surchargesTo ensure compliance with payment surcharge regulations, businesses need to understand the regulatory framework.AustraliaConsumer ProtectionBryks Lawyers
ArticlePPS Leases – Relief comes from the latest AmendmentThis amendment seeks to increase the minimum duration of leases and bailments that are deemed PPS leases to two years.AustraliaCorporate/Commercial LawBryks Lawyers
ArticleNew code to provide relief for commercial and retail tenants during the COVID-19 pandemicOverview of new code designed to provide relief to SMEs that are commercial tenants & suffering financially in this pandemic.AustraliaCoronavirus (COVID-19)Bryks Lawyers
ArticleUnpaid rent – When a landlord does not need to give notice to re-enter the premisesThis case is useful in clarifying the extent of a landlord's obligations to give notice when a tenant fails to pay rent.AustraliaReal Estate and ConstructionBryks Lawyers
ArticleB2B unfair contract terms being tested by ACCCAll businesses that deal with small business should review their standard form contracts for any unfair contract terms. AustraliaCorporate/Commercial LawBryks Lawyers
ArticleWhen a retail landlord can terminate a lease in order to demolish or renovate a retail shopThe landlord of a retail shop validly terminated the lease on the basis that the landlord would demolish the premises.AustraliaReal Estate and ConstructionBryks Lawyers
ArticleTripple A case update: exercising options in commercial leasesThis article examines the facts, the court's conclusions, and takeaway messages for commercial landlords and tenants.AustraliaReal Estate and ConstructionBryks Lawyers
ArticleThe failure by the landlord to repair the air-conditioning unit was not a ground for terminating the leaseThe tenant could not terminate the lease on the basis that the landlord failed to repair the air-conditioning unit.AustraliaReal Estate and ConstructionBryks Lawyers
Articles588GA Corporations Act: a safe space for directors - the safe harbour defence to insolvent tradingArticle discusses the prohibition on insolvent trading and the new safe harbour defence provisions.AustraliaInsolvency/Bankruptcy/Re-StructuringBryks Lawyers
ArticleChanges to New South Wales security of payment legislation on 21 October 2019Procedures regarding payment claims for construction contracts should be updated to comply with new SOPA requirements.AustraliaReal Estate and ConstructionBryks Lawyers
ArticleACCC: compliance and enforcement priorities 2018ACCC may focus on product safety compliance, anti-competitive behaviour and competition in commercial construction industry. AustraliaConsumer ProtectionBryks Lawyers