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Update on Unfair Contract Terms

Since we are now coming up on a year following the unfair contract provisions which came into effect on 12 November 2016, we thought this would be a good time to review the most significant changes we have seen so far. For our previous discussion on unfair contract...

Constitution or Replaceable Rules?

Since 1998 companies have been able to either adopt a constitution, the Replaceable Rules or a combination of the two. Replaceable Rules are “default rules” found in section 141 of the Corporations Act 2001 (Cth) (‘the Act’). They govern the powers of directors,...

Lease or Agreement to Lease?

Though they may appear to be the same thing at first glance, a lease and an agreement to lease are two separate documents with differing objectives; it is therefore important to be familiar with what their differences are. We provide a brief and simple breakdown of...

Oral and Lost Contracts and Trusts

Much like a contract, where if you can establish offer, acceptance, consideration and intention to create legal relations you can show a contract exists – with trusts, if you can establish intention to create a trust, what the trust property is and identify the...