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Piper Alderman

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Indemnity clauses in commercial contracts: how to achieve desired contractual risk allocation

Australia - June 7 2011 An indemnity clause is a contractual transfer of risk between two contractual parties generally to prevent loss or compensate for a loss which may occur as a result of a specified event

You should have settled: why Calderbank offers are important

Australia - July 28 2015 If you receive a settlement offer during a dispute, be careful to understand what kind of offer it is. If it is a 'Calderbank offer', and you reject

Blockchain - emerging legal issues

Global - October 12 2015 The buzzword of ‘fintech’ is pervasive in the financial and technology sectors. Blockchain is an exciting form of evolving technology that could

Structuring a sale or acquisition of a business assets or shares?

Australia - June 7 2013 There are a number of issues to consider with the sale or purchase of a business, one of them being whether the business should be sold via an asset

Shareholders’ agreement vs company constitution - can you rely on an inconsistency clause?

Australia - June 26 2014 It is common for shareholders to assume that where a shareholders' agreement and a company constitution deal with the same subject matter, an

Bulk Water Rights - What do they entail?

Australia - September 7 2016 20 years ago, water rights was not a topic commonly contemplated as being something people would have taken seriously from a transactional and

Civil Procedure Act 2010

Australia - August 10 2016 The Civil Procedure Act 2010 (the Act) is fast becoming a powerful rule book governing the conduct of civil proceedings in Victoria. If litigants and

Competition and Consumer Act - Legislative Change Following the Election

Australia - August 10 2016 In March this year the Turnbull Government indicated that it would replace the current misuse of market power provision in section 46 of the

Late payment fees are not penalties as bank’s total loss taken into account

Australia - August 10 2016 At the crux of the appeal was whether late payment fees charged by ANZ on consumer credit card accounts were penalties and therefore prohibited. In a

Changes to the Commercial Court Division of the County Court

Australia - August 10 2016 Changes to the Commercial Court Division of the County Court The County Court Commercial Division has increased its ability to deal with matters in a