You’ve probably seen a joint and several clause in a contract before. It reads something like “Each Borrower agrees it is jointly and severable liable for the debt”. Or “an agreement on the part of two or more persons binds them [jointly and not severally/severally and not jointly/jointly and each of them severally]. “Jointly” means, …
Read more
In 2018, Modern Slavery Acts were passed by both the Federal and NSW State Governments in order to regulate the risks of modern slavery in corporate operations and supply chains. These Acts attempt to address the gross breaches of human rights that occur daily, involving layers of deception, manipulation and vulnerability, culminating in many individuals, …
Read more
Federal Court makes ruling on licensing of unregistered trade marks in Peanut Butter dispute. You may have noticed a change in the branding of your favourite peanut butter recently. In 2017, the Kraft peanut butter business was purchased by Bega Cheese. Central to the Kraft products is their instantly recognisable, bright yellow packaging design which …
Read more
A raft of new provisions were introduced recently under the Associations Incorporation Act 1991 (ACT), and notably those which deal with material personal interests. Here is what you need to know. What are material personal interests Committee members have obligations (and are subject to penalties) under Part 4 of the Act that relate to: declaring …
Read more
A controversial shake up to Australia’s data laws came into force in December 2018. The Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (the Amendment) amended several pieces of legislation to enable the Government to access the communications of individuals in the name of national security. The Amendment was passed to make it …
Read more
Does Your Company Have a Policy? From 1 July 2019, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2019 (Cth) takes effect. These changes impact all public companies and large proprietary companies. A large private company means a proprietary company with any two of the following: consolidated revenue of $25 million value of consolidated gross …
Read more
There are many changes to the laws and regulations commencing over the next 6 months. Here we summarise some of those key changes: PROPERTY Some lucky buyers will no longer have to pay stamp duty on properties purchased in the ACT. Stamp duty has been abolished on properties sold in the ACT from 1 July …
Read more
Unfair contracts legislation has now been in place for two and a half years. Only a Court can determine whether a contract term is unfair and there have now been a number of cases where contract terms have been voided on the basis that they are unfair. These cases include two successful actions by the …
Read more
Many businesses will routinely enter into a contract which contains a “force majeure” clause. However, many may not know that the purpose of a force majeure clause is to allow a party who is prevented from performing a contract by a ‘force majeure event’, which is a circumstance that is beyond the control of the …
Read more
