Australia’s unfair contract terms (UCT) framework came into existence in 2010, when protections against unfair trading terms embedded within the Trade Practices Amendment (Australian Consumer Law) Act (No.1) 2010 became part of the Australian Consumer Law (ACL). This change had the effect, in practice, of rendering unfair terms in standard form consumer contracts void. Further [...]
It is both good practice and prudent risk management to prepare and use a shareholders agreement for shareholders in proprietary limited companies. They can operate as a “rule book” for shareholders and also separate their private arrangements from the company constitution. A shareholders agreement should (subject to applicable legislation): define the rights and obligations of [...]
In the early stages of negotiating a sale or purchase of a business, there are some important documents you might want to consider. Here are our key contenders: Heads of Agreement: This document can be drawn up when the parties reach an agreement on key commercial terms of the transaction. It can include [...]
When drafting a contract for the sale of business, there are some key terms to be on the lookout for. Here's our guide to some of the most common terms you might come across: • Payment provision: The consideration and payment structure should be agreed between the parties. Your payment provision should cover whether a [...]
