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...
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...
Voidable Transactions: When Can a Liquidator Unwind a Company Transaction?
Voidable transactions can become a significant issue when a company enters liquidation after...
Redundancy Entitlements During Business Restructures and Acquisitions
Redundancy during a restructure or business acquisition is not always straightforward. Employees may...
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...
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...
Misleading or Deceptive Conduct: Future Representations Under the ACL
Misleading or deceptive conduct claims under the Australian Consumer Law (ACL) are a...
A $100 Million Drafting Mistake: Contract Rectification in the FX Group Holdings v Perpetual Trustee Co
In commercial contracts, mistakes or ambiguous definitions can significantly alter the reality of...
Don’t Forget About Your Existing Shareholders’ Pre-emptive Rights
Start-ups and closely held proprietary companies often need to issue shares quickly, whether...
What Happens if a Director Trades While Insolvent?
One of the fundamental duties imposed on company directors is to prevent a...
The Coles Decision Is About More Than Supermarket Pricing
Following the Federal Court’s decision against Coles regarding its “Down Down” promotion, much...
Australia’s AML/CTF Changes: Preparing for the July 2026 Deadline
Australia’s financial compliance landscape is going through its biggest change in almost 20...
Misappropriation of Company Funds: Personal Liability and Legal Consequences for Directors
Directors of Australian companies owe strict duties to their company, both under the...
How Do Employee Share Option Plans (ESOPs) Work for Australian Startups?
Employee Share Option Plans (ESOPs) have become a valuable tool for Australian startups...
How Do I Manage the Cap Table?
Managing a cap table becomes increasingly complex as your startup progresses through multiple...
How Do I Structure an ESOP to Retain Talent While Protecting Existing Shareholder Equity?
An Employee Share Option Plan (ESOP) is a powerful tool for startups looking...
Director Misuse of Company Funds: Legal Consequences
Directors of Australian companies owe strict duties to their company, both under the...
Termination for Repudiation: What Survives?
A recurring issue in commercial and employment disputes is whether a restraint of...
