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  • Article

    Update – B2B unfair contract terms declared void

    Eight contract terms that JJ Richards used in their standard form contracts were held to be unfair to small businesses.
    AustraliaCorporate/Commercial Law
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Short change your staff and you could personally end up out of pocket

    FWA will seek court orders against individual owners and directors who are directly responsible for contravening the Act.
    AustraliaEmployment and HR
    Bryks Lawyers
    Bryks Lawyers
  • Article

    An expensive mistake – Pitfalls in PPSA

    The registration of the security interest in the leased goods was defective, so it would revert to the administrators.
    AustraliaCorporate/Commercial Law
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Risky business: risk minimisation through indemnity clauses

    The article considers how to mitigate risk by indemnity clauses and the importance of drafting good indemnity clauses.
    AustraliaCorporate/Commercial Law
    Bryks Lawyers
    Bryks Lawyers
  • Article

    $3M penalty for manipulating customer reviews on website

    Meriton was found to have engaged in deceptive practices which prevented guests from posting potentially negative reviews.
    AustraliaConsumer Protection
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Paying the penalty – Recent victories for the ACCC

    These companies breached the ACL, by false and misleading representations (Thermomix) and unconscionable conduct (Ford).
    AustraliaConsumer Protection
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Changes to recovering debts from corporations in the wake of COVID-19

    New laws increase minimum monetary threshold for serving a statutory demand as explained here.
    AustraliaCoronavirus (COVID-19)
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Minimising payment disputes through contract

    The contract could specifically deal with disputed invoices in a way that is consistent with the client's payment terms.
    AustraliaReal Estate and Construction
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Government to strengthen unfair contract terms protections for small business

    The current regime has created ambiguity, uncertainty and practical difficulties for businesses in complying with the law.
    AustraliaCorporate/Commercial Law
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Australian Consumer Law: Retailer rights & responsibilities under the ACL

    Retailers should ensure they understand all rights and responsibilities to consumers under the Australian Consumer Law.
    AustraliaConsumer Protection
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Crowd-sourced funding (CSF) to become available to privately-held companies

    CSF is a way for companies to raise funds from a large number of individuals who pay money for equity in the company.
    AustraliaCorporate/Commercial Law
    Bryks Lawyers
    Bryks Lawyers
  • Article

    There'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 Law
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Too close for comfort: Clipsal or Clipso - trade mark registration

    This recent Federal Court judgment highlights important issues of how a trade mark protects one's intellectual property.
    AustraliaIntellectual Property
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Lessons to learn from ACCC proceedings in 2016

    These are three key cases that deal with the continuing focus area of the protection of consumers and small businesses.
    AustraliaConsumer Protection
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Why 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 Law
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Will 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 Law
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Handle with care: new obligations in the event of a data breach

    Businesses should create or update their data breach response plans to comply with the Notifiable Data Breaches scheme. 
    AustraliaPrivacy
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Ashley & Martin – Unfair contract terms in consumer contracts

    The terms in three Ashley & Martin standard form consumer contracts were unfair, and therefore void and unenforceable.
    AustraliaConsumer Protection
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Commercial leasing case update: Drama Unit Pty Ltd v Fearndale Holdings Pty Ltd (Administrator Appointed) & Anor [2019] NSWCA 312

    Recent case clarifies that the common law ‘suspension of rent rule' applies in modern commercial leases in NSW.
    AustraliaReal Estate and Construction
    Bryks Lawyers
    Bryks Lawyers
  • Article

    Sit, stay, roll over! – Reforms in the treatment of ipso facto clauses in contracts

    This article explains what an ‘ipso facto' clause is, when they are problematic and they mean for Australian companies.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Bryks Lawyers
    Bryks Lawyers

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