What’s the Difference Between Guarantees and Indemnities?

It is very important that anyone who is asked to provide a guarantee or indemnity understands precisely what their liabilities are under the arrangements. In this article, we identify the distinguishing features of both guarantees and indemnities and consider the significant differences between the two kinds of arrangements.   Features of a guarantee The most […]

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Executing documents on behalf of a company

Companies cannot physically sign documents so it falls upon company director(s) to sign documents on behalf of a company. Directors should familiarise themselves with the formalities for signing documents on behalf of a company to make sure that things don’t go wrong – such as a contract not being binding or enforceable, or a court […]

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Wills for blended families

Making a Will is important, particularly if you are part of a blended family. A blended family is a family in which one or both partners have a child or children from a previous relationship. Careful estate planning now should ensure that all of your intended beneficiaries are provided for when you die and that […]

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Small Business Update: Potential fines for Australian small businesses charging excessive payment surcharges from 1 September 2017

The Competition and Consumer Amendment (Payment Surcharges) Act 2016 will apply to all Australian businesses from 1 September 2017. The Act prohibits businesses from charging excessive payment surcharges for credit and debit card transactions. Currently the Act only applies to large businesses. A surcharge is considered excessive if it is more than the ‘cost of […]

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Liquidated damages in construction contracts

The inclusion of a liquidated damages clause in construction contracts is a common way of addressing what sanctions will apply if a breach of contract arises during the operation of the contract and particularly when a contract and a build is ongoing. It is therefore important to understand exactly what is meant by this term, […]

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You Have a Judgment Debt in Your Favour – Now What?

If you have obtained a judgment from a Court or Tribunal in your favour, you are known as a judgment creditor. The person or business who owes the debt is known as the judgment debtor. Even if you obtain a judgment, the judgment debtor might not have the means, or the inclination, to pay the […]

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Enduring Powers of Attorney explained

A lot of people have heard of a Power of Attorney, however, most do not fully appreciate the extent of its power, the benefits it delivers or the types of Powers of Attorney that exist. A Power of Attorney is a useful legal document used to allow someone to handle your affairs in a variety […]

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Buying a business – some handy hints!

So you have found a business and you have your heart set on buying it. Or maybe you work for a business that looks like it is being sold. Congratulations that’s great news! However, before you rush off to hand over the purchase price or greet the new owner of the business you need to […]

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A Guide to Shareholder Agreements

DC Family Lawyers Perth

It is not unusual for a company constitution to be drafted in a standard format. That being the case, shareholders may not be protected in the event of a dispute or where issues arise not covered by the constitution. A shareholder agreement, which outlines the steps to be taken in the event of disputes and […]

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