It is a common misconception that registering a business name with the Australian Securities and Investment Commission provides the registrant with a proprietary right to that name. In fact, the only … [Read more...]
Royal Commission damns ASIC’s enforcement culture as ineffective
Commissioner Kenneth Hayne’s Final Report in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the “Final Report”) was presented to the … [Read more...]
Contract negotiations – becoming bound before you intend to be
Every person, at some stage of their lifetime, will be required to participate in a negotiation to give effect to a contract, agreement or another type of transaction. Examples include: The … [Read more...]
“Best Endeavours” and “Reasonable Endeavours” Obligations in Commercial Contracts
Commercial contracts often impose obligations on a party to use their “best endeavours” or “reasonable endeavours” to perform a particular contractual obligation. For example, in a contract for the … [Read more...]
The Importance in Conducting Proper Due Diligence during a Business Sale
Businesses come in many different shapes, sizes and structures. Acquiring an existing business can often be far easier than launching a start up from scratch, especially where the Buyer is new to the … [Read more...]
Increased Penalties for ACL Breaches
On 18 September, legislation increasing penalties under the Australian Consumer Law (ACL) came into effect. The Treasury Laws Amendments (2018 Measures No.3) Bill 2018 (Cth) (the “Bill”) has amended … [Read more...]