Commercial & Business Law I Baker Love Lawyers Newcastle

October 30, 2024
By Liam Schofield
Commercial & Business Law, Property & Conveyancing
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What is a Going Concern and Why Does it Matter?

Determining whether a supply is a going concern is important in a range of transactions such as business or property sales. If a supply is deemed a GST-free supply of a going concern GST will not be payable, which can be beneficial to both parties in a transaction. To determine whether a supply is a […]

ASIC cracks down on “greenwashing”

A recent win by ASIC in the Federal Court of Australia has seen Mercer Financial Advice (Australia) (“Mercer”) ordered to pay the government a $12 million penalty for misleading members as to the sustainability credentials of their products. The court found Mercer contravened the ASIC Act by making false and misleading statements regarding its sustainable […]

Changes to Unfair Contract Terms in Effect from 9 November 2023

Introduction On November 9, 2023, significant changes to unfair contract laws have come into force, impacting businesses and consumers alike. These amendments aim to improve fairness and transparency in contractual agreements, addressing the power imbalances that can exist in the standard terms in contracts that are the adopted by many suppliers of goods and services. […]

Due Diligence in Business Purchases

An important step in the business acquisition process is due diligence. ‘Due diligence’ is really just a fancy term for asking questions and closely reviewing the responses (then sometimes asking even more questions). The key though is making sure that you ask the right questions. There are many types, shapes and sizes of businesses. It […]

March 22, 2023
By admin
Commercial & Business Law, Wills & Estates
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Sole Director and Shareholder Estate Planning Considerations

There can be many difficulties that may arise when an individual dies without a will. But when a Sole Director/Shareholder of a company dies without leaving a will the ramifications can be even more significant. The passing of the Sole Director/Shareholder will often leave the company without any individual who is duly authorised to immediately […]

December 21, 2022
By Liam Tobin
Commercial & Business Law, Commercial & Retailing Leasing
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Documents that Pay the Rent – Understanding Rent Review in Retail Leases

Whether you are a landlord or a tenant trying to run your business from leased premises, it’s important to have a clear and comprehensive document that sets out everyone’s rights and responsibilities. In addition to having everything in writing, it is important to also obtain sound legal advice when it comes to understanding the rights and […]

Legal Tips for Businesses Engaging Social Media Influencers

Modern marketing budgets are spending more and more on social media and in particular the use of ‘social media influencers’ through social media platforms such as Instagram, Facebook and TikTok to endorse, promote and sell goods and services. At times the laws surrounding the engagement of social media influencers have failed to keep up with […]

Executive and Non-Executive Directors

As a commercial lawyer often dealing with company directors and advising them on their roles and responsibilities, from time to time I get asked the question: What is the difference between Executive and Non-Executive Directors? You would think that as the main piece of legislation governing directors and companies in Australia that the Corporations Act […]

July 27, 2022
By Peter Mullen
Commercial & Business Law, Criminal & Traffic Law
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Share Market Manipulation

Trader Pleads Guilty to Pump & Dump in Historic Case A share trader who ran an illegal pump and dump scheme has pleaded guilty to market manipulation following an investigation by ASIC. The guilty pleas were entered by 40- year-old Gabriel Govinda at Melbourne Magistrate’s Court in June. The term pump and dump refers to […]

June 22, 2022
By admin
Commercial & Business Law, Commercial & Retailing Leasing
No Comments

Exercise of Options for Leases

Options to renew that arise under commercial leases are far too often not exercised properly, lapse and therefore are null/void. An option to renew is a clause that is contained in some Leases and is negotiated when entering into the initial Leasing agreement between the parties. An option to renew allows the Tenant to renew […]

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Commercial & Business Law

What is a Going Concern and Why Does it Matter?

ASIC cracks down on “greenwashing”

Changes to Unfair Contract Terms in Effect from 9 November 2023

Due Diligence in Business Purchases

Sole Director and Shareholder Estate Planning Considerations

Documents that Pay the Rent – Understanding Rent Review in Retail Leases

Legal Tips for Businesses Engaging Social Media Influencers

Executive and Non-Executive Directors

Share Market Manipulation

Exercise of Options for Leases

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