Insights Categories: Commercial Litigation & Dispute Resolution

Mar 31, 2021

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 […]

Mar 31, 2021

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 […]

Mar 31, 2021

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 […]

Mar 31, 2021

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, […]

Mar 31, 2021

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 […]

Mar 31, 2021

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: […]

Mar 31, 2021

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 […]

Mar 31, 2021

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 […]

Mar 30, 2021

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 […]

Apr 9, 2020

INSIGHT: National Code of Conduct for SME Commercial Leases during COVID-19

On Tuesday 7 April 2020, the National Cabinet agreed upon a mandatory rent relief code of conduct for commercial leases (the Code) to be legislated by state and territory governments. The Code provides a framework for landlords and tenants to negotiate individual arrangements based on the effects of the COVID-19 pandemic. The Code will have […]

Aug 2, 2018

INSIGHT: Provident Capital Class Action

Meridian Lawyers is pleased to advise that the class action that was commenced on behalf of John and Rosemary Smith against Australian Executor Trustees Limited in relation to the failure of Provident Capital has settled in principle, subject to the completion of settlement documentation. The settlement will still need to be approved by the Court. […]

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