…proposes that, in addition to the general unfairness test applicable to other contract types, a specific test be added which provides that a term will be reasonably necessary to protect…
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Unfair Contract Terms: Not if but how
Crowd-sourced funding for start-ups and SMEs – offering shares to retail investors
…CSF company Only a CSF company can make a CSF Offer. An eligible CSF company: (i)is an unlisted public company limited by shares (and not an investment company); (ii) does…
Regulation of Education and Care Providers: the Department of Communities in WA takes a stricter approach to compliance actions
Key takeaways The Education and Care Regulatory Unit of the Department of Communities (Department) is displaying a stricter approach in implementing compliance actions. Specifically, the Department is seeking penalties under…
Clipping the wings of phoenix activity: New requirements for resigning directors
New laws came into effect on 18 February 2021, under the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 which provide that a company director will not be able to…
“Property Damage” – Sounds Simple, Right?
…of judgments addressing the issue, the latest of which is Owners – Strata Plan No 91086 v Fairview Architectural Pty Ltd (No 3) [2023] FCA 814. Background Fairview Architectural Pty…
The insurer strikes back
…with the Comancheros was relevant to Calliden’s decision to accept the risk. The Court examined number of matters the hypothetical brothel owner at the time Stealth renewed the policy should…
Choosing the right business structure
…with the Corporations Act including governance and reporting requirements which may lead to higher compliance costs A company must have at least one director and one shareholder (who can be…
Commercial Occupiers: What is expected of them to keep premises safe?
…by the respondent. More importantly, the Court made some useful comments with respect to the duty of the respondent as a commercial occupier. It was not to ensure the floor…
Do you send personal information offshore?
…of Australians is outsourced to a company based overseas, whether that be a company within the same corporate group, or an unrelated third party. It is a reminder that the…
Drones – friend or foe for underwriters?
…powered by batteries with increasing cost, size and sophistication. Mr Axelrod said the most common use for drones was video photography, for example, “getting a new perspective on your own…
Pharmacy Location Rules – understanding the process for PBS approval in large medical centres
Seeking to establish a new PBS approved pharmacy in a large medical centre is made less complex by partnering with an experienced pharmacy lawyer. The PBS approval process is multifaceted…