Commercial Law

Personal Liability for Company Directors: When Things Go Wrong

By NB Lawyers | November 28, 2018 |

Personal asset protection is often touted as a major benefit of operating through a company rather than as a sole trader or in a traditional partnership. Despite this, there are a significant and growing number of liabilities and obligations for which a director can be personally liable. Whether you are the sole director and shareholder…

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Sale and Purchase of Business: Equity versus Asset Sales

By NB Lawyers | November 20, 2018 |

Are you looking to buy a business, or have you signed a contract already? If so, there are key risks and advantages about the structure of the transaction that need to be understood before looking at the detail. There are many reasons to buy a business. Perhaps you are a new business owner and want…

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Ipso Facto Reform: ‘A breath of fresh air’ for distressed Companies; and a major change to Contract Law. Are you prepared?

By NB Lawyers | January 24, 2018 |

Ipso facto provisions are a common staple found in almost every commercial Contract one can think of but, starting from 1 July 2018, there will be new laws which

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‘Money never sleeps’ and neither does ASIC: disqualification as a Director pursuant to Section 206F Corporations Act 2001

By NB Lawyers | January 19, 2018 |

During the corporate excitement of entrepreneurial risk-taking in a limited liability Company, thought is not usually given to the possibility that a Director may be disqualified if ‘things go wrong’. Even in the event of liquidation of a Company, Directors are – notwithstanding the ‘corporate veil’ – more likely to be concerned about Director’s liability…

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Mediation or Trial?

By NB Lawyers | January 16, 2018 |

In times of significant conflict, a trial can be seen as the best option moving forward. While it is needed in some cases, it isn’t required for all. Outcomes available at trial can often be limited, and there can be risks including prohibitive legal costs and lengthy court delays.

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