Related Reading: Business Law

When is an agreement legally binding?

It is important to recognise that whether an agreement is legally binding may not be as straight forward as you might imagine and has been the cause ...more

Recoverable Contract Damages from a breach, the rule of Remoteness

In a contract, damages flowing from a breach must not be remote.  This principle has been defined in the well known case of Hadley v Baxendale. The ...more

What is the difference between Contracts, Deeds and Agreements

An agreement is a colloquial term that can be documented in the form of a contract or deed.  Deeds and contracts differ in several ways discussed in ...more

Recent Resignation Requirements for Directors

Overview Directors of companies need to comply with recent resignation requirements under the Corporation Act 2001 (Cth).  Compliance with these ...more

Holding Companies in Australia

There are a plethora of ways to structure a business in Australia including companies, sole proprietors, partnerships and trusts.  However, it may be...more

High Court Broadens Mandatory Examination Powers

Overview Section 596A of the Corporations Act 2001 (Cth) allows “eligible applicants” to apply to have an officer  of a company in ...more

Director Identification Requirements

As a result of recent legislation, directors are now legally required to have a director ID.  All directors of a company, registered Australian body,...more

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Franchising Agreements

What is Franchising Franchising is the creation and distribution of a brand and franchise system which allows an individual (franchisee) to do ...more

Illegal Phoenix Activity

What is Illegal Phoenix Activity? Illegal phoenix activity is when an existing company transfers its current business and assets to a new company to ...more

ASIC Investigations

The Australian Securities and Investments Commission (ASIC) is the Federal body responsible for the regulation of Australia’s companies and ...more

Joint Ventures in Business

A joint venture is a business arrangement where a group of individuals and or businesses agree to cooperate to complete a task or project they can ...more

Directors Duties

A director is an officer of a company that has responsibilities, powers, and legal obligations in relation to the management of the company; a company...more

Restraint of Trade Clauses

What is a Restraint of Trade Clause? Employment contracts may include restraint of trade clauses.  These clauses can prevent or restrict employees ...more

Due Diligence in Business Transactions

Due Diligence when Purchasing a Business The purchase of a business is a significant endeavour and purchasers should conduct due diligence before ...more