Commercial Law

Property Co-Owner Disputes: Forcing A Sale Of The Property

Disputes between Co-owners of property are not uncommon. Most of us have at least known someone who has encountered problems with co-owned property. Take the following archetypical example: The last survivor of your parents have passed away leaving the family home or a cherished holiday house to you and your siblings. For the first few…

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Personal Liability for Company Directors: When Things Go Wrong

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

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 new business owner and want to…

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

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?

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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Increased liability for Franchisors

There is significant movement in the franchisee and franchisor space at the moment with franchisors being held increasingly accountable for the actions of franchisees and for failing to adhere to certain requirements under the Franchising Code of Conduct. In May of this year, the Australian Competition and Consumer Commission (ACCC) fired a warning shot at…

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