Last Minute Asset Protection: Not So Super
Even where you operate your business through a company, you can, as a director, be personally liable for claims arising out of the company’s activities. The corporate shield has long been split asunder both by judge-made law and a myriad of statutes. So, apart from taking out insurance for obvious risks (such as for personal […]
Preliminary discovery a new weapon for the status quo
Established companies have many legal and commercial weapons at their disposal to protect their position. The financial power of large corporations with established supply agreements can make it almost impossible for newcomers to gain a foothold. Allegations of intellectual property infringement can be levelled at any competitor, regardless of their size. Preliminary discovery is the […]
Natural or Legal Disaster? When a determination is not a determination and the wheels of justice are slow to turn.
Usually, an expert’s determination expressed to be binding and non-appealable is just that – final. However, the New South Wales Court of Appeal declared an expert’s determination not binding because the expert did not follow the contract. The Court remitted the determination to the expert with directions about the proper construction of the contract. Background […]
SMALL BUSINESSES WIN SUPPORT FOR UNFAIR CONTRACT PROTECTIONS
UPDATE: The information in this article has been superseded by amendments to the legislation since publication. You can find our more recent article on this subject here. States and territories across Australia have confirmed their support for legislation to extend unfair contract protections for small businesses. This support was garnered after a 10 week consultation […]
GOOD FAITH FRANCHISING KICKS IN ON 1 JANUARY
Come 1 January 2015, Australian franchises will be governed by a new Franchising Code of Conduct (the Franchising Code). Australia’s 73,000 franchisees, 1,180 franchisors and the 407,000 people employed in the sector will all be affected. What is a franchise and why is the Code important? Franchising is a now prolific way of doing business. […]