Restraints of trade in a sale of business
In a sale of a business (whether by a sale of shares or the underlying…
Changes to Unfair Contract Terms
The recent Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 extends unfair…
Transferring registration of a foreign company to an Australian registered company
This note provides a brief overview of the process for transferring the registration of a…
Creating Binding Preliminary Agreements
As a precursor to commercial negotiations, preliminary agreements (often called term sheets, heads of agreement,…
Don’t let liquidated damages be deemed unenforceable
In recent times, dissatisfied bank customers have been joining class actions in the hope of…
What does it mean to say that an expert has made a decision in “manifest error”?
According to common practice in dispute resolution clauses for contracts, the decision of an independent…