News & Resources

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News & Resources

What should be included in a Shareholder Agreement?

A company constitution does not adequately protect shareholders in the event of a dispute between members. It is not compulsory to have a properly formulated Shareholder Agreement but it is highly recommended for all companies. When a person is entering into a business relationship by…

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Solari & Stock Newsletter – May 2015

Read the Solari & Stock Newsletter – May 2015 here. Want to subscribe to our Newsletter? Email us today!

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The importance of notifying insurance companies of lease terms

Retail and commercial leases normally include provisions setting out the tenant’s specific insurance obligations. Typically a failure to adhere to these obligations will result in a breach of the lease. Additionally, most leases require the tenant to ‘indemnify’ the landlord against certain losses or occurrences…

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How much of a deposit is to be provided for an exchange pursuant to a cooling off period?

Now we know that you will all be sitting there thinking that the answer to this question is very easy seeing you all do this on a daily basis, but the answer is not as easy as it seems. Upon exchange, the deposit to be…

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Estate Planning – Misconceptions & Actions to be Taken

Estate planning is important to everyone, irrespective of their age or financial position. Everyone should think about or implement an estate plan which takes into account the individual’s personal circumstances including family arrangements, businesses, assets and liabilities, superannuation and how the estate is to be…

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The Meaning of ‘Quiet Enjoyment’ in a Lease

An essential component of a lease is that the tenant have ‘quiet enjoyment’ of the leased premises. The concept of ‘quiet enjoyment’ distinguishes leases from licence agreements. While most commercial leases include a specific provision granting the tenant ‘quiet enjoyment’, the right is in any…

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Dismissing Employees for Poor Performance

Process to be followed to minimise claims for unfair dismissal. Many people are of the view there is a legal requirement that you have to give employees three written warnings before you are able to terminate them, commonly known as the ‘three strikes and you’re…

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Solari & Stock Newsletter – February 2015

Read the Solari & Stock Newsletter – February 2015 here. Want to subscribe to our Newsletter? Email us today!

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Execution of Contracts (including Contracts for Sale of Land & Leases) by Companies & Pitfalls to be Aware of.

A South Australian case has highlighted issues which can arise if a contract has not been correctly signed. It raised the question of whether a director who purported to sign a contract on behalf of a purchaser company can be personally liable for damages to…

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Vendors Bidding at Auction

Over time we have been queried by Agents in respect of when can a Vendor/s bid at an auction? There are two instances when a Vendor can bid at an auction. These are set out below: Vendor Bid A Vendor has a mandatory ‘Vendor bid’…

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