The High Court has recently overturned a decision of the Full Court of the Federal Court of Australia in relation to the entitlements of employees to personal leave....
The current COVID-19 pandemic has highlighted the need to give consideration to incorporating clauses in contracts to cover situations where supply chains may be impacted and/or restrictions are imposed on a party to a contract which may prevent them from being able to perform their...
How can I protect my personal assets in the event of business failure in these difficult times? The severe economic impact caused by the Coronavirus and consequent shutdowns of parts of the economy at very short notice has resulted in many businesses suffering financially or...
It is common for directors of companies to be required to provide a director's or personal guarantee to guarantee the performance of a company's obligations under contracts entered into by the company. In the absence of a personal guarantee, a director of a company is...
Many company directors are aware that they can be held personally liable for the debts of a company if they have given a personal guarantee or if they allow the company to trade whilst insolvent. However many directors are unaware of the circumstances in which...
When a tenant and landlord of a commercial property are in dispute often the first remedy a landlord will look for in this position is to evict the tenant and get a new tenant in as soon as possible. In a commercial lease, provision for evicting...
Many employers are now familiar with the Fair Work Act 2009 (Cth) (the Act). Despite this, recently there has been an increase in applicants bringing claims under the "General Protections" regime contained in Part 3-1 of the Act.Part 3-1 of the Act provides protection of...
A commercial lease over retail, commercial or industrial premises usually sets out the obligations of the landlord and tenant in relation to maintenance and repair of the premises. In most commercial leases the tenant is responsible for the rented premises including the walls, floors, fixtures and...
A Shareholders Agreement is a binding contract between the Shareholders or Members of a company which sets out the legal relationship between the Shareholders and the Company. Although Shareholders Agreements are not compulsory under the Corporations Act 2001 (Cth) (Act) the Act does not...
Many clients have been concerned about how the decline in the Sydney market, over the last 6 -12 months , could affect their family law property settlement. There has been significant fluctuation in the market in this period and as much as 35% has been...