When we all understand the Assignment: Assigning a retail shop lease as part of a commercial business sale

An easily overlooked element of a commercial business sale is that of assigning the existing lease, which is key in enabling the buyer to continue operating the business in the same premises where the seller currently resides. While the steps involved, in assigning the existing lease, may be relatively straightforward the time and effort in continue reading

COVID, Floods, War… Recent events that might leave you contractually liable if not for force majeure

COVID-19 demonstrated that unforeseen events can and will occur that significantly affect businesses across all industries. Such events not only have the capacity to impact business financial performance but may also have consequences on all parties’ contractual rights and obligations in business dealings. There may have never been a better example of extenuating circumstances making continue reading

Employee vs Independent Contractor: An important dichotomy

The distinction between an employee and an independent contractor has long been the subject of judicial consideration, and indeed legal commentary. Recently, the High Court delivered two judgements that marked a new approach to determining whether a person is an employee or an independent contractor. The High Court held that “where parties have comprehensively committed continue reading

Fancy something on the side?

It is becoming more prevalent, in connection with commercial/retail shop leases, for financiers of both Landlords and Tenants to seek the other party to enter into a direct “side deed”. For example, the Tenant’s financier will (in addition to taking a mortgage over the Lease), seek direct contractual relations with the Landlord in order to continue reading

Company Directors, please take a number

If you are a director of a company, you need to obtain your unique Director Identification Number by 30 November 2022. New laws came into effect on 1 November 2021, through reforms to Part 9.1A of the Corporations Act 2001 (Cth) (the Act), which make it mandatory for company directors to apply for individual identification continue reading

When casual becomes committed

On 26 March 2021, the Fair Work Act 2009 (Cth) (the Act) was amended to make significant changes to casual employment. These changes affected every national system employer in Australia that employs casual employees. One of the key amendments required employers (with 15 or more employees) to proactively offer casual who were eligible, the opportunity continue reading

Show me the documents!

A Director’s Access to Company Books During Personal Litigation Being appointed as a director of a company is not something you choose to do lightly. Accepting a role as a director brings with it many statutory and fiduciary obligations which, if not complied with, can see the director personally liable for their actions and potentially continue reading

Athlete Management Agreements

Common Pitfalls and Important Considerations for Athletes and Managers Alike As professional sport continues to develop into one of the biggest industries globally, so too do the complexity and substance of professional sporting contracts. Whether they are general competition contracts or lucrative sponsorship agreements, long gone are the days when athletes were able to adequately continue reading

Brandish Your Power

The term “branding” originates from the practice of marking cattle with a branding iron to differentiate them from the stock of other farms. But the concept of branding as we understand it today is far removed from those humble origins. Brands are no longer limited to a logo or name; branding comes in many shapes continue reading

Pay Me Everything – Contractual Indemnities and Indemnity Costs

The recoverability of costs is a significant factor in legal proceedings. Most commercial agreements contain clauses seeking to indemnify an innocent party absolutely against any legal costs that might be incurred because of another party’s breach. Unfortunately, clauses of this type are regularly recycled from existing precedents, without any regard to the relevant authorities and continue reading

Shareholder Holder Agreements & Shareholder Disputes: The Basics.

A shareholder agreement is a contract made between two or more shareholders. It outlines the relationship between a company’s directors and its shareholders. It can cover matters such as new shares and sales of existing shares, the directors’ duties, codes of conduct and perhaps, most importantly, dispute resolution. For new businesses and startups, it’s often continue reading

Voluntary Administration process: What to expect – a guide for the uninitiated.

Times being what they are, some businesses and industries are faring better than others. That statement will hold in most instances but 2020 has been particularly ruthless for some. Furthermore, the oft media touted ‘road to recovery’ is likely to leave more businesses facing potential insolvency into 2021 and beyond.  Insolvency, in a nutshell, is continue reading

Goods and Services – Terms of Trade

Terms of Trade are the terms and conditions on which a business sells goods and services to customers and on which they buy goods and services from suppliers.  These terms form the basis for the trading relationships for all businesses.  If a business is the supplier of goods or services then it should have written continue reading

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