Business & Commercial Law

Section 588FL of the Corporations Act 2001 is a very powerful section when it comes to businesses registering a security interest under the Personal Property Securities Act 2009 , and in brief, provides as follows: If a secured creditor fails to register its interest on the Personal Property Securities Register (“the PPSR”) on the earlier [...]

A restraint of trade clause is meant to prevent a valued employee from taking up employment with a competitor or a client following the termination of their employment. Such clauses are common in many employment contracts. However, by operation of section 4 of the Restraints of Trade Act 1976 (NSW), restraints of trade are invalid

These terms may be a mystery to the inexperienced. Tag-along rights are a contractual obligation used to protect a minority shareholder (usually in a venture capital deal). If a majority shareholder sells their stake, then the minority shareholder has the right to join the transaction and sell their minority stake in the company. Tag-along rights

Corporate Marriages can work, but when they don’t you need to have a well-prepared Shareholders Agreement, rather than a divorce lawyer. If you are thinking of setting up a company with other people and then using that company to operate a business, it is essential that you have a Shareholders Agreement in place from day

The public will identify a certain quality and image with goods and services bearing your trademark. If you are thinking about a new product or service and you want to establish an image for it, you should also be thinking about a distinctive trademark under which to market. It is important to note, however, that

More often than not, directors, particularly those operating in Small to Medium Enterprises (“SMEs”), are not aware that they could be personally liable for their company’s tax debts in certain circumstances. This lack of awareness unnecessarily exposes assets outside of their company that are owned by the director personally, including the family home. Historically the