All publications relating to ‘Commercial’
5 clauses to look out for in your franchise agreement – they might be unfair
Changes to the unfair contract terms régime are in effect, and entering into any franchise agreement containing an unfair contact term or relying on an unfair contract term in a franchise agreement could come with significant penalties for franchisors. Both franchisors and franchisees should review their franchise agreements to ensure they do…
Directors’ Access to Company Books: Navigating Statutory & Common Law Requirements in Australia
To manage a company and discharge their duties, directors need access to company information. Tension between directors can arise about what access they can have to company books, particularly in the context of a dispute at board level. However, directors have statutory rights and common law rights to access company books. This…
ABRS’ Looming Director ID Deadline – Apply before 30 November 2022
The 30 November deadline for existing directors to apply for a director identification number (Director ID) is creeping closer – don’t get caught by ASIC penalties and make sure you apply in time. In June 2020, the Australian Government introduced changes to the Corporations Act 2001 (Cth) requiring all existing and new…
The evolution of a legal team, introducing Swaab’s team servicing the property industry
The pace of transformation, increased volume and complexity of projects has continued unabated within the property sector. As one of the firm’s fastest growing teams, our team servicing the property industry has seen a growing demand over the past 24-months across the full spectrum of property services. Diversification and the introduction of…
First 30 days | Hardings integration
To our valued clients and friends As most of you will already know, as of the 1 July 2020 the staff of Hardings Lawyers joined Swaab in their newly refurbished offices. With Covid-19 still having a major impact on office attendance with WFH arrangements and Partners and staff being on a roster system to attend…
Meritas — An Introduction to Temporary Changes Affecting Businesses in Australia and New Zealand
Looking for business and legal guidance regarding COVID-19 updates and programs in Australia & New Zealand? This document has coverage across the region with member firms who are here to assist. Please visit any of the COVID-19 resource materials for more comprehensive updates. View here…
COVID-19 | The Commercial Tenancies Code | 8 April 2020
In our previous update, we outlined some of the measures the Prime Minister intended to implement to provide support and relief for commercial tenants and landlords in financial distress as a result of the COVID-19 crisis. On 7 April 2020, the National Cabinet announced a mandatory code of conduct (click here) (Commercial Tenancies Code)…
Deeds of Release and their effectiveness – update 2019
Introduction Releases and in particular, deeds of release, play a significant role in resolving disputes across a wide range of issues and at different stages in their evolution. It is a reasonable expectation to have, as the beneficiary of a release, that it will provide certainty going forward and that the person providing the…
Workplace Surveillance Act 2005 (NSW) Admissibility of evidence unlawfully obtained- latest developments
When it comes to the question of workplace surveillance, there are some employers who are not aware of the implications of applicable workplace surveillance legislation, and who discover its significance only when a challenge is made to evidence secured through workplace surveillance activities. In NSW, it is the requirements of the…
Small and large proprietary companies redefined
From 1 July 2019, changes to the definition of‘small’ and‘large’ proprietary companies will affect the reporting obligations of small and medium sized enterprises. Associate, Bill Lo clarifies what it means for your company. Overview Under the previous régime established by the Corporations Act 2001 (Cth), the thresholds for ‘large’ and ‘small’ proprietary…