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Australian legal requirements for foreign companies executing deeds

August 15 2019 Although widely used in Australian commercial transactions, there is uncertainty around how deeds should be executed by foreign companies. A deed is…

Should a contract include protections from “gross negligence”?

February 27 2020 Under Australian tort law, there is no judicial distinction between negligence and gross negligence. At common law, the term “negligence” generall…

Split Execution: An Issue For Deeds Indeed

September 3 2019 The recent case of Bendigo and Adelaide Bank Ltd & Ors v Kenneth Ross Pickard & Anor [2019] SASC 123 (Pickard) may have a stifling effect on the…

Warranties and Indemnities in the M&A Context

July 23 2020 Commercial risks are present in any given M&A transaction, risks that if were known earlier may affect the parties’ willingness to complete. Buyers…

Standard form contract clauses found to be unfair and invalid by the Federal Court

August 10 2020 On 28 May 2020, the Federal Court handed down the decision in ASIC v Bendigo, which found that certain terms in standard form small business loan…

New Director Tracking System: Are you a current or prospective Australian company director?

November 17 2021 From 1 November 2021, all company directors need to verify their identity as part of a new director identification number (DIN) requirement…

Update: Companies can electronically sign with confidence again

September 14 2021 Companies can once again execute documents electronically under section 127 of the Corporations Act 2001 (Cth) (Corporations Act) (including deeds in…

Heads up: change in law affecting suppliers and service commences on 1 July 2021

June 22 2021 From 1 July 2021, suppliers of goods and services to any person (including large businesses) will automatically give guarantees in relation to goods…

Hostility and threats pose no bar to shareholder’s inspection of books

December 3 2020 Section 247A of the Corporations Act 2001 (Cth) (Act) is a useful tool which lets shareholders seek Court orders allowing them to inspect a company’s…

COVID-19: Stand downs & JobKeeper directions - What are the courts and tribunals saying?

December 1 2020 This year in Australia, the COVID-19 pandemic has prompted mass stand downs under the existing Fair Work Act 2009 (Cth) (FW Act) provisions…