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A Director’s Access to Company Books During Personal Litigation Being appointed as a director of a company is not something you choose to do lightly. Accepting a role as a director brings with it many statutory and fiduciary obligations which, if not complied with, can see the director personally liable for their actions and potentially continue reading

Athlete Management Agreements

Common Pitfalls and Important Considerations for Athletes and Managers Alike As professional sport continues to develop into one of the biggest industries globally, so too do the complexity and substance of professional sporting contracts. Whether they are general competition contracts or lucrative sponsorship agreements, long gone are the days when athletes were able to adequately continue reading

Brandish Your Power

The term “branding” originates from the practice of marking cattle with a branding iron to differentiate them from the stock of other farms. But the concept of branding as we understand it today is far removed from those humble origins. Brands are no longer limited to a logo or name; branding comes in many shapes continue reading

Pay Me Everything – Contractual Indemnities and Indemnity Costs

The recoverability of costs is a significant factor in legal proceedings. Most commercial agreements contain clauses seeking to indemnify an innocent party absolutely against any legal costs that might be incurred because of another party’s breach. Unfortunately, clauses of this type are regularly recycled from existing precedents, without any regard to the relevant authorities and continue reading

Shareholder Holder Agreements & Shareholder Disputes: The Basics.

A shareholder agreement is a contract made between two or more shareholders. It outlines the relationship between a company’s directors and its shareholders. It can cover matters such as new shares and sales of existing shares, the directors’ duties, codes of conduct and perhaps, most importantly, dispute resolution. For new businesses and startups, it’s often continue reading

Voluntary Administration process: What to expect – a guide for the uninitiated.

Times being what they are, some businesses and industries are faring better than others. That statement will hold in most instances but 2020 has been particularly ruthless for some. Furthermore, the oft media touted ‘road to recovery’ is likely to leave more businesses facing potential insolvency into 2021 and beyond.  Insolvency, in a nutshell, is continue reading

Identifying and Countering Misleading Information in a Telemarketing Deal

Telemarketing is an evolving industry. It has undergone tremendous changes over the years, necessitating adjustments with regards to policies and technological approach of the business. Among notable changes taking place around the globe is a more stringent approach to law enforcement. In Australia, the Australian Communication and Media Authority (ACMA) and the Australian Competition and continue reading

The Right Advice

Businesses and individuals contract or employ other professionals to provide guidance.  They use their services to assist in business growth, create and implement day-to-day operations, navigate competition and overcome the unfortunate occurrence of disputes.  Professional advice has a number of typical sources. It may come from internal personnel or from external individuals or organisations. There’s continue reading

Goods and Services – Terms of Trade

Terms of Trade are the terms and conditions on which a business sells goods and services to customers and on which they buy goods and services from suppliers.  These terms form the basis for the trading relationships for all businesses.  If a business is the supplier of goods or services then it should have written continue reading

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