Are you a contractor or an employee?
Are you confident that your contractor or employment agreements are up to scratch? If you’re not sure, you’re not alone. Many businesses overlook the…
Commercial Law Archives
When Directors Can’t Hide Behind the Company: Federal Court Opens Door to Personal Liability of Directors and Employees for Misleading Conduct Claims
This decision is a timely reminder for directors, advisers and investors that personal liability for misleading or deceptive conduct remains a very real risk,…
Facial Recognition in Retail: What Australian Businesses Need to Know
Artificial intelligence and biometric technologies are rapidly becoming part of everyday business operations. From customer analytics to theft prevention, retailers are increasingly looking at…
When a Customer Goes Into Administration: Lessons from the Nathan River Resources Collapse
The recent administration of Nathan River Resources serves as a timely reminder that even substantial businesses can experience financial distress with little warning. According…
Finally some good news for trusts as the High Court rules against the ATO
The High Court’s decision in Commissioner of Taxation v Bendel is one of the most significant Australian tax cases in recent years, particularly for…
Royalties, Rights and 70-Year-Old Deals: Lessons from the Hope Downs Decision
A recent decision of the Supreme Court of Western Australia in the long running dispute between Gina Rinehart’s Hancock Prospecting and Wright Prospecting provides…
Understanding Your Obligations Under the Australian Privacy Principles — Lessons from Recent Data Breaches
In an era where data is one of a business’s most valuable assets, privacy compliance has become a central legal and commercial concern. For…
Key Legal Considerations for Commercial Property Leases in Western Australia
Entering a commercial property lease in Western Australia requires careful navigation of both general property law and the state’s specific retail leasing regime. While…
Restraint of Trade Clauses – restrictive or protective?
Restraint of trade clauses are a common feature in commercial agreements, particularly in employment contracts and business sale agreements. These clauses are designed to…
Legal Challenges to Western Australia’s New Fishing Bans: What Businesses Need to Know
Western Australia’s recently announced fishing bans and restrictions, particularly those affecting demersal and nearshore fisheries, have generated significant concern across the commercial fishing sector…
Thinking of Merging With or Acquiring Another Business? A Practical Guide for SME Owners
For small and medium-sized enterprise (SME) owners growth opportunities often come from mergers or acquisitions (M&A). Whether you’re looking to buy a competitor, merge…
Understanding Warranties in Western Australia. Lessons from the Boorloo Bridge Lighting Failure.
What Are Warranties? In the building and construction context in Western Australia (WA), a warranty broadly refers to a builder’s or contractor’s promise, legally…