Commercial Agreements

Providing a Personal Guarantee

By on 30 September 2014 in Commercial Agreements with 0 Comments
Providing a Personal Guarantee

If you operate your business through a company or a trust, you may be called upon from time to time to provide a personal guarantee. What is a Personal Guarantee? A personal guarantee is a commitment that if your business doesn’t do something (usually the payment of money) you will do that thing yourself. Personal […]

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Amendments to Privacy Laws – Is your business compliant?

By on 22 January 2014 in Commercial Agreements with 0 Comments
Amendments to Privacy Laws – Is your business compliant?

The Australian Privacy Principles On 12 March 2014, the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) will come into effect. This amending Act drastically bolsters existing privacy protection measures offered to consumers and reflects increasing public concerns regarding the handling of personal information by businesses, particularly in the on-line environment. The Act also introduces […]

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What is a contract?

By on 21 November 2013 in Commercial Agreements with 0 Comments
What is a contract?

Whilst this question appears on its face to be a very basic one, I am often presented with matters where a dispute has come about due to one or more of the parties failing to appreciate the circumstances in which a contractual relationship will arise. What Is Needed For An Agreement To Be Binding? In […]

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Shareholders Agreements

By on 18 February 2013 in Commercial Agreements with 0 Comments
Shareholders Agreements

A Shareholder’s Agreement is something that I strongly encourage all my clients who operate a business (either as a partnership or company) to have.  When I first see a client about starting a new business, they are often full of enthusiasm and great intentions however, have not given much thought about what could go wrong. […]

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I’m a shareholder in a business – does my vote count?

By on 21 December 2012 in Commercial Agreements with 0 Comments
I’m a shareholder in a business – does my vote count?

I am often asked to review shareholders agreements between existing shareholders and shareholders wishing to purchase a business. A question often asked is what voting rights they have. The shareholder entering the business may reach a handshake agreement with the other shareholders to have a say in the general running and strategic direction of the […]

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What is Repudiation of a Contract?

By on 3 October 2012 in Commercial Agreements with 1 Comment
What is Repudiation of a Contract?

I have had a number of clients recently approach me in relation to contractual disputes. Often we need to consider whether repudiation has taken place. Repudiation of a contract occurs where one party renounces his or her obligations under a contract. The principle revolves around the concept that parties should be ready, willing and able […]

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Shareholder and Partnership Agreements

By on 5 April 2012 in Commercial Agreements with 1 Comment
Shareholder and Partnership Agreements

I was recently asked to give advice to the client in relation to a partnership agreement that they had signed in their business. The agreement had been purchased online and my client had basically “filled in the blanks”. My client is now a 50% owner in the business but because of the terms of the […]

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Trade Agreements

By on 2 April 2012 in Commercial Agreements with 0 Comments
Trade Agreements

I often have clients contact me seeking advice in relation to a dispute that they are having with parties that they trade with in their business, such as suppliers and customers. The first question I ask is what the terms of their agreement are, and often I am told that there is nothing in writing. […]

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Restraint Of Trade Clauses

By on 11 January 2012 in Commercial Agreements with 0 Comments
Restraint Of Trade Clauses

I was recently asked by a client to obtain a Barrister’s opinion in relating to specific restraint of trade clause in a commercial agreement that he had signed. I often get asked by clients about the enforceability of restraint of trade clauses and whether or not they are void. Is a Restraint of Trade Void? […]

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