Why the dispute resolution clause in your contracts is important (A.K.A. Everyone is friends until they’re not!)

In preparing commercial contracts a clause will often be inserted (generally at the prompting of the drafting lawyer) to provide a procedure for dealing with disputes. Often, very little consideration is given to such clauses as parties to the contract are (quite understandably) more excited and focused on the project at hand and the best [...]

2019-02-05T21:37:10+00:00February 5th, 2019|Business Advice, Business Partnerships, Contracts, Corporate Advisory, Dispute Resolution|Comments Off on Why the dispute resolution clause in your contracts is important (A.K.A. Everyone is friends until they’re not!)

Employee claims $1.8M from boss, ‘Mr Stinky’, for farting – The Law of Workplace Bullying

I was sceptical when an article with a similar headline and a suspicious publication date (April 1st) pedalled its way through social media. In response, I did precisely what one would expect of a mature, inquisitive lawyer- I conducted a search of the Australasian Legal Information Institute, keyword: fart. My search returned a surprising number [...]

Who Owns the Business Name – A Lesson for Business

The art deco doors of the Paragon café remained open throughout two world wars, three transfers of business and multiple financial crises. Now, despite purchase offers in multiples of the owner's asking price, the business's 102 years of operation is set for a tragic end. What/who could be responsible for the death of such a [...]

When Heads of Agreement Fail

THE RECENT CASE OF CASDAR PTY LTD V JOSEPH FANOUS[1] reminds us of the hazards of non-binding and informal agreements. In that case, a Landlord, relying on a signed Heads of Agreement as the source of his rights, sought damages against a tenant. The court dismissed the claim on the basis that the Heads of [...]