Insights

  • Corporate & Commercial,
  • Apr 6, 2021
  • Author: Hayley Bowman
  • INSIGHT: The dos and don’ts of COVID-19 vaccine promotion

    The roll-out of the Pfizer/BioNTech vaccine and Oxford/AstraZeneca vaccine has begun. Generally, the advertising of vaccines to consumers is prohibited in Australia, however some exceptions are now in place to support the roll-out of COVID-19 vaccines. To explain these exceptions, the Therapeutic Goods Administration (TGA) has issued a fact sheet which shows how vaccine providers […]

  • Commercial Litigation & Dispute Resolution,Corporate & Commercial,
  • Mar 31, 2021
  • Author: Douglas Raftesath
  • INSIGHT: Dangers in negotiating commercial agreements

    Commercial agreements vary in complexity, the length of time parties are involved in negotiations, and importantly, in the level of formality the parties employ as they ‘thrash out’ the terms. For these reasons, it is sometimes difficult to work out when the negotiations have reached a point where the law would regard the parties as […]

  • Commercial Litigation & Dispute Resolution,Corporate & Commercial,
  • Mar 31, 2021
  • Author: Douglas Raftesath Author: Georgina Odell Author: Mark Fitzgerald
  • INSIGHT: The importance of an up to date and relevant shareholders’ agreement

    A shareholders’ agreement is a contract between a company’s shareholders (sometimes the company itself is also a party), setting out the rights and obligations of the shareholders in relation to the affairs of the company and how it is to be managed. If the company is the trustee of a unit trust the agreement relates […]

  • Commercial Litigation & Dispute Resolution,Corporate & Commercial,
  • Mar 31, 2021
  • Author: Douglas Raftesath
  • INSIGHT: New disclosure obligations in New South Wales require increased transparency with consumers

    From 1 January 2021, New South Wales Fair Trading is proposing to enforce new disclosure obligations (which were first introduced in July 2020) contained in the Fair Trading Act 1987 (NSW). The new obligations relate to how businesses that supply goods and services in New South Wales to consumers, communicate with customers and how intermediaries […]

  • Commercial Litigation & Dispute Resolution,Corporate & Commercial,
  • Mar 31, 2021
  • Author: Douglas Raftesath
  • INSIGHT: Defamation – be careful what you post on social media

    The Federal Court of Australia decision in Webster v Brewer [2020] FCA622 is a timely reminder that people need to be cautious about what they post on Facebook about other people and entities. The warnings in this article are also relevant to organisations that have their own Facebook pages. For reasons which are still unknown, […]

  • Commercial Litigation & Dispute Resolution,Corporate & Commercial,
  • Mar 31, 2021
  • Author: Douglas Raftesath
  • INSIGHT: Retailers beware of advertising false promotions

    The ACCC recently successfully prosecuted eyewear retailer, Oscar Wylee in the Federal Court of Australia which resulted in Oscar Wylee being ordered to pay $3.5m in penalties for misleading and deceptive conduct and making false and misleading representations about its charitable donations and affiliations in breach of the Australian Consumer Law. Between January 2014 and […]

  • Commercial Litigation & Dispute Resolution,Corporate & Commercial,
  • Mar 31, 2021
  • Author: Gabrielle Parra
  • INSIGHT: How the changing definition of “consumer” under the Australian Law may affect you

    From 1 July 2021, the monetary threshold for determining whether a person (or business) acquires goods or services as a “consumer” under the Australian Consumer Law (ACL) is set to increase from $40,000 to $100,000. Currently, under the ACL, the definition of a “consumer” is a person (or business) who acquires goods or services if: […]

  • Commercial Litigation & Dispute Resolution,Corporate & Commercial,
  • Mar 31, 2021
  • Author: Mark Fitzgerald
  • INSIGHT: Use of electronic signatures – a cautionary note

    In recent times the use of electronic signatures has become common place. The use of electronic signatures during the COVID-19 pandemic has often been a necessity. On 5 May 2020, the Treasurer made the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 which provided that documents could be executed on behalf of a company under section 127 […]

  • Commercial Litigation & Dispute Resolution,Corporate & Commercial,
  • Mar 31, 2021
  • Author: Georgina Odell Author: Mark Fitzgerald
  • INSIGHT: Clipping the wings of phoenix activity: New requirements for resigning directors

    New laws came into effect on 18 February 2021, under the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 which provide that a company director will not be able to back date his or her resignation more than 28 days. A director will also not be able to resign as a director of a company […]

  • Commercial Litigation & Dispute Resolution,Corporate & Commercial,
  • Mar 30, 2021
  • Author: Gabrielle Parra
  • INSIGHT: Statutory Demands – back to being an effective means of collecting debt from a corporate debtor

    What is a Statutory Demand? A statutory demand is an efficient and inexpensive legislative tool enabling creditors to demand payment of a debt that is due and payable to it by a company debtor. Importantly, it is the first step in the process of having a liquidator appointed by the Court to wind-up the company […]

  • Corporate & Commercial,
  • Mar 22, 2021
  • Author: Georgina Odell Author: Mark Fitzgerald
  • INSIGHT: The value of a pharmacy partnership or shareholder agreement

    Many pharmacists go into business with trusted friends or colleagues, and with a strong common vision for their business. In many cases, the pharmacy will run smoothly and the owners will simply agree on the many decisions that need to be made in the day to day running of the business. Despite this, we always […]

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