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Results: 1-10 of 75

Binding negotiations? Have you inadvertently bound yourself (or your client) during negotiations?
  • McInnes Wilson Lawyers
  • Australia
  • November 30 2015

There have been a number of recent cases around Australia relating to whether or not agreements have been formed, including, surprisingly, through


Effectiveness of inconsistency clauses in shareholder agreements
  • McInnes Wilson Lawyers
  • Australia
  • November 2 2015

Shareholder agreements and company constitutions will at times deal with the same issues. It is therefore common practice for shareholder agreements


“$200 free bets” held to be misleading
  • McInnes Wilson Lawyers
  • Australia
  • October 28 2015

The ACCC's latest issue of the Small Business in Focus Report reveals the latest small business enquiries and complaints data. Of significance, the


Peterson Management Services Pty Ltd v Body Corporate for The Rocks Resort 2015 QCAT 255
  • McInnes Wilson Lawyers
  • Australia
  • October 28 2015

The QCAT decision of Peterson Management Services Pty Ltd v Body Corporate for The Rocks Resort 2015 QCAT 255 shows the importance of correct


Directors liability for insolvency: do what you say and perform your duties or face personal liability
  • McInnes Wilson Lawyers
  • Australia
  • July 31 2015

The point at which a company becomes insolvent is not always clear. The Courts will consider "various indicia of insolvency", including the company's


Actions speak louder than words: de facto and shadow liability
  • McInnes Wilson Lawyers
  • Australia
  • May 13 2015

Directors of a company are subject to many duties, one of which is to prevent insolvent trading by their company. A person will not only be


Losing control: consequences of shareholder disputes
  • McInnes Wilson Lawyers
  • Australia
  • January 28 2015

Disputes between shareholders and directors can have serious consequences. The recent case of Van Wijk (Trustee), in the matter of Power


The directors divide: the importance of separation of personal from company interests
  • McInnes Wilson Lawyers
  • Australia
  • January 28 2015

Directors have an obligation to act in the best interests of the company to which they are appointed. This obligation includes the proper use of


Directors relationship status: how it can affect directors’ duties
  • McInnes Wilson Lawyers
  • Australia
  • November 27 2014

The recent case of Cornerstone Property & Development Pty Ltd v Suellen Properties Pty Ltd 2014 QSC 265 looked at the liability of a director for


Innocent parties: have your cake and eat it too: Q&A
  • McInnes Wilson Lawyers
  • Australia
  • July 28 2014

Our recent Legal Business Bulletin article reported the decision of Galafassi v Kelly 2014 NSWCA 19. We have received a query in relation to the