Archive for the 'Commercial Agreements' Category

17 March 2020

Force majeure and frustration in commercial contracts and coronavirus (covid-19)

In these increasingly uncertain times, both in Australia and globally with Coronavirus (COVID-19) the terms Force Majeure and Frustration is increasingly being discussed in the context of commercial contracts. What is Force Majeure? This is commonly known as the ‘Act of God’ clause. In very simple terms it is an event beyond the control of […]

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7 June 2019

Shareholders Agreements – What are they?

One of the most important documents that a company should have is a shareholders agreement. It will outline in detail how the company should be operated and outlines all shareholders’ rights and obligations. Whilst the Corporations Act 2001 and a company constitution provide a range of safeguards, obligations and procedural matters relating to how shareholders […]

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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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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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