Contracts are a common tool used throughout our lives to create legal relationships between parties to define what actions people will take. If you have entered a contract with another party, you are obligated to abide by the terms and conditions of the contract. Any...Read More
Company directors have a legal obligation to avoid conflicts of interest. Identifying and managing potential conflicts are essential steps for all company directors. When a conflict exists, a company director should seek professional advice from an experienced legal...Read More
A company may be deregistered either voluntarily, liquidated or struck off the register of companies by the Australian Securities Investments Commission (ASIC). ASIC may deregister a company if the company has ceased trading or has overdue fees and penalties. If your...Read More
If you have been asked to accept a position as a director of a company in which you have little or no involvement, think again. All too often spouses are appointed as a co-director of their partner’s company without understanding their full responsibilities as a...Read More
A guarantee is a binding promise of one person (the guarantor), to be answerable for the debt or obligation of another (the debtor), if that other defaults. Guarantees become enforceable by the person to whom the guarantee has been given (the creditor) when debtors...Read More
If your business is involved in a commercial dispute, your biggest concerns are likely to be the financial losses that your organisation and its officers could suffer, and the size of your legal bill. Commercial disputes can be disruptive, emotional and exhaust...Read More
I can go to Court to represent myself, that seems like a good idea right!?? Wrong, I have seen too many very sad situations in a court room (particularly bankruptcy court) where self represented litigants just don’t know bankruptcy law and they have caused...Read More
One of the attractions of incorporation for many people commencing a business is that it can limit personal liability to creditors. That is, the company, which has its own legal identity, may owe money to others while the directors are shielded and protected. This...Read More
Costs in legal disputes can quickly escalate. There is benefit in all parties seeking to compromise their differences, rather than agitate their dispute through the Court system. The Courts recognise a number of initiatives which promote early settlement of claims. In...Read More
Litigation can be both a time consuming and costly exercise. In some legal disputes, you might end up being liable for not only your own legal costs but also the costs of the opposing party. As such, it is important to have an understanding of the possible costs...Read More