A recent decision of the Supreme Court of NSW in respect of a Lease highlights once again the necessity to ensure that in any negotiations enquiries are made and satisfactory responses received to ensure that the party with whom you are dealing has authority to enter into and conclude negotiations. In the case in question […]
Traditionally, it has been permissible under Australian Consumer Law for gift card purveyors to place relatively short expiry periods on gift cards from the time of purchase. Vendor’s sell around 34 million gift cards to Australians each year, with a market value estimated at $2.5 billion. With standard expiry periods being no more than 6 […]
Recent raids on the ABC and the home of a Sunday Telegraph journalist, in addition to the recent arrest of Julian Assange have ignited discussions as to press freedom. While my recent article on changes to whistleblower laws pursuant to the discussed whistleblower protections pursuant to The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 […]
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 […]
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 […]
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 […]
Most 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 […]
In 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 […]
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 […]
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] […]
