Where a party to a contract is an incorporated company, any restriction on the assignment of the contract may be circumvented by transferring the shares in that party to a new owner. A share transfer might also circumvent pre-emptive rights that may apply to the sale of assets. Counterparties therefore seek to manage that risk […]
What is a Change of Control Read More »
The Australian Government is soliciting feedback on worker non-compete clauses. This follows a U.S. policy banning non-compete clauses. In Australia such clauses are currently considered contrary to public policy unless reasonable.
Restraints of Trade and Non-Compete Clauses Read More »
Requests generally ask for a “certified copy”, or less commonly a “notarised copy”. What does that mean?
Notarisation and Certified Copies Read More »
A negotiable instrument is a signed document guaranteeing payment to a specific party. Additionally, debentures are regulated as securities under the Corporations Act.
Negotiable Instruments Read More »
The general law allows parties to claim legal costs upon an order for costs in litigation. Parties can allocate legal costs via contract clauses. Different clauses exist for various transactions, and courts have discretion in awarding costs. Alternative wording may create an obligation to pay legal costs triggered by enforcement attempts.
Allocation of Legal Costs via Contract Read More »
A collateral contract was originally conceived as an oral promise in consideration of the promisee entering into the main written agreement.
Collateral Contracts Read More »
Two different types of variable interest rate are common. The first is a variable rate where the rate is calculated by a precise method and not determined by the lender. The second is where the lender has the discretion to set the variable interest rate, often expressed in unlimited terms. Example 1 – Precise Calculation
Variable Rates – Do Banks Have Absolute Discretion? Read More »
A fiduciary duty is imposed by the common law to a range of relationship of trust and confidence, including trustee and beneficiary, agent and principal, solicitor and client, employee and employer, director and company, and partners.[1] The person who owes the duty – such as a trustee, agent or solicitor – is referred to as
What is a Fiduciary Duty? Read More »
For many urban dwellers, a pet can provide companionship and emotional support in a small living space. Keeping a pet can help to combat feelings of loneliness and isolation, especially for those living alone. Pets can also serve as a source of entertainment, bringing joy and playfulness into a person’s life. Taking a dog for
Keeping a pet in Queensland Apartments and Units Read More »
A lease of part of land or part of a building for more than 10 years must have prior town planning approval.
Leasing Part of a Block for more than 10 years Read More »
