Retail leases differ from commercial leases in that they are subject to compliance with the provisions of the Retail Leases Act 1994 (NSW) (“the Act”). Is my Lease a Retail Lease? The Act generally applies to and overrides the provisions of a lease agreement where the purpose of the use of the premises is as […]
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An e-signature takes form as any copy & pasted image of a name on a document. These can be placed on almost any electronic communication and are difficult to enforce. A digital signature uses encrypted technology to track when and where the signature was made, verifying a document’s authenticity. Digital signatures are better aimed toward […]
More The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 Cth (“the Act”). received Royal Ascent on 12 March 2019 bringing with it strengthened whistleblower protections across the corporate, financial and credit sectors. Public and large propriety companies must ensure that they have a compliant whistleblower policy in place no later than 1 January 2020 to […]
MoreMost people are familiar with a Power of Attorney. It is a legal document that gives your attorney the legal authority to act on your behalf and look after your affairs, including financial affairs, in the event that you are unable to do so. However, what most people don’t realise is that a Power of […]
MoreIn today’s society the protection of a Company’s intellectual property is becoming more important by the day as companies strive for a competitive advantage in a crowded marketplace. Intellectual property can be a bit of a buzz word however and many people do not understand what intellectual property is and how it can be protected […]
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Can a landlord who calls on a bank guarantee due to the insolvency of its tenant be subject to an unfair preference claim by a liquidator? The New South Wales Court of Appeal recently delivered its decision in Hosking v Extend N Build Pty Ltd. That decision considered the reach of the term “transaction” for […]
More Is the purchaser of a commercial property legally bound to honour the terms of an unregistered lease for part of those premises? This was the issue being considered by the Supreme Court in the recent case of Ideal Business Centres Pty Ltd v Violin Holdings Pty Ltd as trustee for The Violin Investment Trust [2018] […]
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As drone technology continues to improve with time, the ways in which drones can be utilised for commercial purposes is also expanding. But as businesses begin to experiment with using drones to enhance their business, they must ensure that they adhere to the strict laws governing drone flights in Australia. The use of drones in […]
More The Australian Competition & Consumer Commission (ACCC) is the body in Australia that is responsible for ensuring that individuals and businesses comply with Australian competition, fair trading, and consumer protection laws – in particular the Competition and Consumer Act 2010. Earlier this month the ACCC were successful in an action against Hewlett-Packard Australia (HP). HP […]
More It is a very common provision in commercial and retail leases that a tenant is required to “make good” the leased premises at the end of the lease or upon vacating the property. It is important for tenants when entering into a lease to make sure they understand their make good obligations and to seek […]
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