ArticleUpdate – B2B unfair contract terms declared voidEight contract terms that JJ Richards used in their standard form contracts were held to be unfair to small businesses.AustraliaCorporate/Commercial LawBryks Lawyers
ArticleShort change your staff and you could personally end up out of pocketFWA will seek court orders against individual owners and directors who are directly responsible for contravening the Act.AustraliaEmployment and HRBryks Lawyers
ArticleAn expensive mistake – Pitfalls in PPSAThe registration of the security interest in the leased goods was defective, so it would revert to the administrators.AustraliaCorporate/Commercial LawBryks Lawyers
ArticleRisky business: risk minimisation through indemnity clausesThe article considers how to mitigate risk by indemnity clauses and the importance of drafting good indemnity clauses.AustraliaCorporate/Commercial LawBryks Lawyers
Article$3M penalty for manipulating customer reviews on websiteMeriton was found to have engaged in deceptive practices which prevented guests from posting potentially negative reviews.AustraliaConsumer ProtectionBryks Lawyers
ArticlePaying the penalty – Recent victories for the ACCCThese companies breached the ACL, by false and misleading representations (Thermomix) and unconscionable conduct (Ford).AustraliaConsumer ProtectionBryks Lawyers
ArticleChanges to recovering debts from corporations in the wake of COVID-19New laws increase minimum monetary threshold for serving a statutory demand as explained here.AustraliaCoronavirus (COVID-19)Bryks Lawyers
ArticleMinimising payment disputes through contractThe contract could specifically deal with disputed invoices in a way that is consistent with the client's payment terms.AustraliaReal Estate and ConstructionBryks Lawyers
ArticleGovernment to strengthen unfair contract terms protections for small businessThe current regime has created ambiguity, uncertainty and practical difficulties for businesses in complying with the law.AustraliaCorporate/Commercial LawBryks Lawyers
ArticleAustralian Consumer Law: Retailer rights & responsibilities under the ACLRetailers should ensure they understand all rights and responsibilities to consumers under the Australian Consumer Law.AustraliaConsumer ProtectionBryks Lawyers
ArticleCrowd-sourced funding (CSF) to become available to privately-held companiesCSF is a way for companies to raise funds from a large number of individuals who pay money for equity in the company.AustraliaCorporate/Commercial LawBryks Lawyers
ArticleThere's an indemnity clause in the draft contract… What are you going to do about it?For an indemnity clause to be enforceable and avoid a contractual dispute, it must be drafted clearly and effectively.AustraliaCorporate/Commercial LawBryks Lawyers
ArticleToo close for comfort: Clipsal or Clipso - trade mark registrationThis recent Federal Court judgment highlights important issues of how a trade mark protects one's intellectual property.AustraliaIntellectual PropertyBryks Lawyers
ArticleLessons to learn from ACCC proceedings in 2016These are three key cases that deal with the continuing focus area of the protection of consumers and small businesses.AustraliaConsumer ProtectionBryks Lawyers
ArticleWhy are we hesitating to adopt e-contracts?Most contract negotiation is done online, by email or over the phone but contracts are then printed and signed by hand.AustraliaCorporate/Commercial LawBryks Lawyers
ArticleWill my e-signature on a contract be enforceable without authority?E-signatures can be enforceable, but you need to act with caution whenever the other party has signed electronically.AustraliaCorporate/Commercial LawBryks Lawyers
ArticleHandle with care: new obligations in the event of a data breachBusinesses should create or update their data breach response plans to comply with the Notifiable Data Breaches scheme. AustraliaPrivacyBryks Lawyers
ArticleAshley & Martin – Unfair contract terms in consumer contractsThe terms in three Ashley & Martin standard form consumer contracts were unfair, and therefore void and unenforceable.AustraliaConsumer ProtectionBryks Lawyers
ArticleCommercial leasing case update: Drama Unit Pty Ltd v Fearndale Holdings Pty Ltd (Administrator Appointed) & Anor [2019] NSWCA 312Recent case clarifies that the common law ‘suspension of rent rule' applies in modern commercial leases in NSW.AustraliaReal Estate and ConstructionBryks Lawyers
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