ARTICLES

Commercial Law

3 Hot tips on Charging Clause in Personal guarantees for directors

By NB Lawyers | January 6, 2021 |

Personal or director guarantees are commonplace in many commercial contracts. Common transactions that will generally require a personal guarantee include: any business purchase;commercial leases;loans; ortrading terms and credit applications. In such instances the personal guarantee will generally be from one or all the directors of the company. What is a Charging Clause? A charging clause…

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New Year Ready or not.. for Insolvency Reform and Debt Recovery?

By NB Lawyers | December 22, 2020 |

Due to the unprecedented impacts of COVID-19, 2020 has seen an array of legislative interventions to protect businesses to trade through the crisis. One of the more significant changes was the extension of the time frame for companies to respond to their creditor’s statutory demands. Statutory Demands Breakdown In ‘normal’ times a creditor’s statutory demand…

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Navigating Company Management Deadlocks

By NB Lawyers | November 6, 2020 |

We are commonly asked to advise directors and shareholders on how to resolve a management deadlock within their company. Management deadlocks can lead to damage to the business and business relationships and a lose-lose outcome for the partners. What is A Deadlock In A Company? A deadlock occurs when neither party (or factions) within a…

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Defining Drag Along Rights in Shareholders Agreements

By NB Lawyers | November 6, 2020 |

A well drafted shareholders agreement will contain what is known as a “drag along” provision. Here we explain what a drag along clause does and why it can be important. Shareholders agreements – What is a drag along right? A drag along right allows a majority of shareholders to force minority shareholders to join the…

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Confirmation of the “Contractor” Arrangement – Dentists (and allied health)

By NB Lawyers | October 26, 2020 |

In 2019, our office released an article regarding the findings in the case of Moffet v Dental Corporations Pty Ltd [2019] FCA 344, focussing on the Federal Court’s decision that a dentist, otherwise considered a contractor for employment law purposes, was in fact an employee for superannuation purposes. This case is important because many allied…

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