What are the legal duties of companies and directors concerning climate change?

The increasing importance of climate change for companies and directors In 2008 the economist Rob Garnaut AC wrote in his climate change report: “…fire seasons will start earlier, end slightly later, and generally be more intense. This effect increases over time, but should be directly observable by 2020.” In 2019 -2020 this prediction became true […]

Read More...

Insolvency and ipso facto termination of contracts

Reforms to insolvency laws which commenced on 1 July 2018 prevent contracting parties from relying on what are commonly referred to as ipso facto termination clauses in commercial contracts. The ipso facto reforms aim to give companies facing financial difficulties an opportunity to trade their way out of their predicament rather than having a contract unilaterally […]

Read More...

Restraint of trade: what if the employer breaches the contract?

Employment contracts often contain restraint of trade clauses seeking to restrict employees from engaging in certain conduct that may adversely affect the business. Although restraint provisions may apply during and after the employment relationship, they are most frequently tested once an employee leaves, either to work for a competitor or to embark on his or […]

Read More...

Take caution when removing a director from a company

This is a short case study about some pitfalls when removing a director of a company. The operation of a registered company is often governed by the replaceable rules contained Corporations Act 2001 (Cth) or the company’s constitution and shareholder agreements. These documents will usually set out the grounds and procedure for removing a director. […]

Read More...

Understanding Powers of Attorney

A Power of Attorney is a legal document made by a person (known as the principal or donor) that authorises a person (known as an attorney) to do anything the principal can lawfully do. Each Power of Attorney will specify what an attorney may do on behalf of the principal.  A Power of Attorney may […]

Read More...

But that wasn’t in the contract! The risks of incorporation by reference

Often an agreement will refer to additional documents that are not physically attached to the agreement itself.  These additional documents are referred to as being ‘incorporated by reference’.  This might be for several reasons — it might seem unnecessary to attach the document, or the parties might think that attaching that document will make the […]

Read More...

Shhhhh! Keeping a company’s confidential information a secret

All businesses, especially those involved in any form of innovation, need to take steps to prevent employees from leaving with confidential information. Most employees are aware of their duty to act in good faith and not to use an employer’s conditional information wrongfully. But what happens when an existing employee provides a company’s confidential information […]

Read More...

Alternatives to Bankruptcy

You may be having difficulty managing your financial affairs and have debts that you cannot pay.  You may even be considering declaring yourself bankrupt. Before you do, you should consider some alternatives to bankruptcy. Informal agreement An informal agreement is an arrangement made between a debtor and their creditors to settle their debts.  Informal agreements […]

Read More...

The role of an expert witness in a commercial dispute

Engaging an expert witness for your commercial dispute can be critical to ensure the success of your legal case. It is important to understand the role of an expert witness in a commercial dispute in Western Australia so you can get the best value out of their services. An expert witness is a person who […]

Read More...