by Rosie Madani | Sep 6, 2018 | Articles
The rules regulating a company are contained within the Corporations Act 2001 (Cth), the constitution that may be adopted to govern the operations of the company and a shareholders agreement. The importance of consistency between all of these documents, and...
by Rosie Madani | Sep 6, 2018 | Articles
Reforms to insolvency laws which commenced on 1 July 2018 prevent contracting parties from relying on certain termination clauses in commercial contracts. The ipso facto regime aims to give companies facing financial difficulties an opportunity to trade their way out...
by Rosie Madani | Sep 6, 2018 | Articles
Franchise agreements are governed by the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 and the Franchising Code of Conduct (the ‘Code’). The Code is regulated by the Australian Competition and Consumer Commission which has the power to...
by Rosie Madani | Jul 26, 2018 | Articles
A franchise operates within an existing business structure that gives the franchisor discretion to implement strategies, introduce new products and set prices for the ‘branded’ goods or services. These commercial decisions however must be exercised in ‘good faith and...
by Rosie Madani | Jul 26, 2018 | Articles
The Federal Court of Australia recently considered the ‘best interests and appropriate advice duties’ required of financial services licensees and providers, which form Part 7.7A of the Corporations Act 2001 (Cth) (the Act). The Australian Securities and Investments...
by Rosie Madani | Jul 26, 2018 | Articles
It is very common for parties to an agreement to refer, in the agreement itself, to additional documents. These additional documents are not always annexed or attached to the actual agreement. The Federal Court has held that although a particular enterprise agreement...
