Related Reading: Civil and Commercial Litigation and Law

Top 5 Legal Considerations for Starting a Business

Starting a business is an exciting and rewarding journey. However, it also comes with its own set of risks and challenges, including navigating the ...more

Major changes to unfair contract terms

Overview Recent amendments to the unfair contract regime means significant changes and higher penalties could impact your business. There are greater ...more

Consumer rights under Statutory Warranties

A brief history of Statutory Warranties The doctrine of Freedom of Contract This doctrine provides that parties are free to contract with other ...more

Landmark Case of Pavey vs Matthews

The Landmark case of Pavey and Matthews v Paul The landmark civil litigation case of Pavey and Matthews Pty Ltd v Paul 1987 (HCA) sets out the ...more

New Obligations in Design and Building Practitioners Act

Statutory Duty of Care introduced in Design and Building Practitioners Act The Design and Building Practitioners Act s37 2020 (NSW) recently ...more

BSM Lawyers create Legal Precedent in relation to HBA

The legal requirements imposed on contracts for residential building work are found in the Home Building Act 1989 (NSW).  It states that residential ...more

Challenging Judgement Debts, the role of Ramsay

The High Court’s Decision in Ramsay: Challenging Judgement Debts Overview In 2017 the High Court of Australia initiated a shift in Australian ...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

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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

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

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

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