Unfair Preferences and Uncommercial Transactions: When Can a Liquidator Claw Back a Deal?
Companies approaching insolvency often make payments, transfer assets or enter into settlements designed...
Building Defects in NSW: How Long Do You Have to Make a Claim?
Building defects are not always immediately apparent. In some cases, serious defects may...
Can a Statutory Demand Be Set Aside After Construction Adjudication?
Setting Aside Statutory Demands and Adjudication Decisions Does a security of payment judgment...
HOW FAR IS TOO FAR: THE SCOPE AND ENFORCEABILITY OF RESTRAINTS OF TRADE IN NEW SOUTH WALES
A restraint of trade can protect the value of a business, but it...
Franchise Income Guarantees: When Do Earnings Promises Become Misleading?
Income guarantees, projected earnings and representations concerning available work can be powerful inducements...
Can You Claim Damages for a Lost Commercial Opportunity?
Opportunity cost as a compensable loss In commercial litigation, “opportunity cost” is not...
Misleading Franchise Sales: Can You Recover Your Investment?
Recovery of loss or damages suffered because of a contravention Establishing misleading or...
Misleading and Deceptive Conduct under s 18 of the ACL
Income guarantees, projected earnings and representations concerning available work can be powerful inducements...
Franchising in Australia: Good Faith, Disclosure and Informed Decision-Making
The Franchising Code of Conduct: Disclosure Documents The Franchising Code of Conduct regulates...
Can You Be Dismissed for Social Media Posts in Australia?
Can an employee face social media dismissal for something they post outside work?...
Voidable Transactions: When Can a Liquidator Unwind a Company Transaction?
Voidable transactions can become a significant issue when a company enters liquidation after...
Resignation vs Termination: When Has an Employee Really Chosen to Leave?
The distinction between resignation vs termination can have significant consequences for an employee’s...
Redundancy Entitlements During Business Restructures and Acquisitions
Redundancy during a restructure or business acquisition is not always straightforward. Employees may...
AI in the Workplace: What NSW’s Digital Work Systems Laws Mean for Employers
The use of AI in the workplace is increasingly becoming a work health...
Pre-Money vs Post-Money Valuation: What Founders Need to Know
Understanding pre-money vs post-money valuation is essential for founders raising capital through a...
Raising Capital in Australia: When Do You Need a Disclosure Document?
Raising capital is a crucial step for startups and growing companies, but it...
Can You Start a Second SOPA Adjudication After an Unfavourable Decision?
A SOPA adjudication is designed to provide a quick and efficient way to...
Due Diligence Disclosure: Is Putting Documents in a Data Room Enough?
Due diligence disclosure can become a critical issue when buying an established business,...
Can an Employee Take Client Information When They Leave? Premprop v Davies
When an employee resigns and joins a competitor, employee confidential information can quickly...
Commercial Contract Disputes: Lessons from Hederics v Spare Weel
Commercial contract disputes frequently arise when agreements fail to clearly allocate responsibility for...
Retention Money Under Victorian Construction Contracts: What Is It?
Retention money occupies an unusual position under a construction contract. It commonly represents...
Can a Homeowner Refuse a Builder Access to Rectify Defects in NSW?
A common issue in residential building disputes is whether a homeowner must allow...
Bought a Defective Property? The Extension of Statutory Warranties under the Home Building Act 1989 (NSW)
What is a Notional Contract Section 18B of the Home Building Act 1989...
Misleading or Deceptive Conduct: Future Representations Under the ACL
Misleading or deceptive conduct claims under the Australian Consumer Law (ACL) are a...
