Archive for the 'Commercial Agreements' Category

30 September 2014

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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22 January 2014

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 online environment. The Act also introduces […]

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21 November 2013

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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18 February 2013

Shareholders Agreements

A Shareholders Agreement (SA) 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 […]

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21 December 2012

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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3 October 2012

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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5 April 2012

Shareholder and Partnership Agreements

I was recently asked to give advice to the client in relation to a partnership agreements 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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2 April 2012

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 trade agreement are, and often I am told that there is nothing in […]

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11 January 2012

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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