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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

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

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

“Attorneys for executors” who can act if an executor is unable to?

Australia - April 9 2013 The Supreme Court of South Australia was asked whether an executor's attorney could apply for a Grant of Probate on the executor's behalf. The

Further developments in the implied term of reasonable notice of termination - McGowan v Direct Mail and Marketing Pty Ltd 2016 FCCA 2227

Australia - December 22 2016 Earlier this year we wrote about the case of Kuczmarski v Ascot Administration PL 2016 SADC 65 (Kuczmarski), in which the SA District Court held

Medicinal Cannabis in Australia - the Department of Health weighs in on the Debate

Australia - December 21 2016 The Department of Health has taken the unusual step of publishing a direct rebuttal to an article published in the Australian Financial Review on 4

Winding-up companies in a partnership - guidance for liquidators who are appointed to companies acting in partnership

Australia - December 20 2016 A recent Western Australian Supreme Court case considered the insolvency of a partnership comprised of corporate members. When a partnership is

Landmark Decision in Competition Law in Australia

Australia - December 15 2016 On 14 December 2016 the High Court found in favour of the ACCC in proceedings concerning anti-competitive conduct by Flight Centre between the years

Medicinal Cannabis Update: Draft Minimum Quality Standards for Medicinal Cannabis Products Released for Consultation

Australia - December 6 2016 The draft Therapeutic Goods Order No. 93 (Standard for Medicinal Cannabis) foreshadows the proposed minimum quality standards for medicinal cannabis