Indemnity clauses are common practice in commercial contracts, employed to manage contractual risk. Their role in risk management means they are often a key point of negotiation, particularly in merger and acquisition transactions...

In the modern workplace, navigating conflicts between employers and employees can sometimes pose a complex challenge.

Competition restraints are clauses in employment contracts that prevent employees from working for a competitor or setting up a competing business for a certain period of time after leaving their employer.

School sports, an exciting and essential part of a student’s education, can sometimes pose a major risk to their safety.

Athlete data is more than just numbers and stats. It can provide very valuable insights into performance, health, injury risk and even mental state.

The recent enactment of the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) signifies a notable expansion in the unfair contract terms (UCT) regime.

Company directors can incur a personal liability related to certain tax liabilities owed by their company.

The recent enactment of the Family Law Amendment Act on October 19, 2023, marks a substantial shift in the existing legal framework, established back in 2006.

Image rights refer to the legal right of an individual to control the commercial use of their name, likeness, voice and other attributes associated with their public persona.

Microsoft Corporation has completed its $69 billion acquisition of Activision Blizzard, Inc (Activision), the publisher of popular video games such as Call of Duty and World of Warcraft.

Recently, Valentine Holmes, a rugby league player for the North Queensland Cowboys, was suspended for one match and fined by the National Rugby League for bringing the game and his club into disrepute.

In the pulsating world of Australian sports, sponsorship agreements form the backbone of financial stability for athletes, teams and events.

When parties make the difficult decision to separate, they often have many questions for family lawyers.

Everyone by now has heard the news of the split between musician, Joe Jonas and Game of Thrones star, Sophie Turner after Jonas filed for divorce in Florida, USA.

Recently, the Australian Government has taken strides to bolster job security and prioritise gender equality in the workplace. These changes are a part of a broader commitment to enhance the Australian employment landscape.

In today's globalized world, it is increasingly common for couples who have temporarily resided overseas to return to Australia due to various reasons such as job opportunities or family commitments.

Australia is a multicultural society, and this diversity is increasingly reflected in the Federal Circuit and Family Court of Australia, as well as the broader Family Law domain.

The Financial Action Task Force (FATF), of which Australia is a member, is the global money laundering and terrorist financing watchdog.

On 30 November 2022, Open AI, a then little-known San Francisco based company formed in 2015, released an artificial intelligence (AI) chatbot known as ChatGPT.

Parking disputes are common. It can be frustrating to have an unauthorised vehicle parked at your property or residents parking at visitors parking spots.

In 1989 an inter-governmental body, known as the Financial Action Task Force (FATF), was established by Ministers of Member jurisdictions, which included Australia. Its mandate is to promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction. It also sets an international standard, known as the FATF Recommendations, for countries to implement according to their circumstances and conducts evaluations of the effectiveness of member countries’ AML/CTF measures as assessed against the FATF Recommendations.

On 30 November 2022, the Commonwealth Parliament passed the National Anti-Corruption Commission Act 2022 and the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022.

New provisions under the Corporations Act 2001 (the Act) came into effect on 5 October 2021 as a result of amendments made by the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019.

Do people post comments on your businesses Facebook page? You could be liable for their defamatory comments.

On 1 July 2021, the Wage Theft Act 2020 (Vic) (Act) came into force in Victoria. The Act was designed to target the longstanding systemic and cultural issue of employee underpayment.

Dealing with a family law matter is an incredibly stressful time for all parties involved particularly if it involves a degree of urgency

Currently our news feeds are being flooded with the latest information and reports about Covid-19 (“Coronavirus”). We are being told to be on high alert and to monitor whether we or any

In an ever-globalised world, inter country and inter racial marriage and relationships are becoming more common and less difficult.

Spousal maintenance is the periodic maintenance payable by one spouse from their income to support the other spouse. Spousal maintenance can apply to both married and de-facto couples, andmaintenance can be paid either weekly or monthly.

A partial property settlement is a distribution of assets or financial resources between separated parties in advance of final orders. It is commonly also referred to as an interim property settlement

It’s undeniable: social media has changed almost every aspect of our lives. But how does it impact upon our working life, and to what extent can we be held liable for posts we make in a personal capacity?

The Federal Court has made a landmark ruling in the case of Mondeléz v AMWU [2019] FCAFC 138. This case has been called to clarify the definition of personal leave under the provision of the Fair Work Act.

Starting up or investing in a new business? – Don’t forget the Shareholder’s Agreement!
If you are about to “start-up” a new business or maybe make an investment into a new or existing business which uses a corporate structure, a well drafted Shareholder Agreement is essential.

The Long Service Leave Act 2018 (Vic) replaced the Long Service Leave Act 1992 and includes a number of significant changes to the ways in which Long Service Leave (“LSL”) entitlements are calculated and maintained.

Approximately one quarter of all employees in Australia are employed on a casual basis,1 and the number has been steadily increasing over recent decades. It is uncertain at this stage how many of these “casual” workers might be affected by the Federal Court decision in WorkPac v Skene (Skene)

Under the Fair Work Act 2009 (Cth) (FW Act), casual employees are not entitled to annual leave. However, a recent Full Federal Court decision has highlighted the fact that merely labelling an employee as “casual” will not avoid entitlements usually only awarded to permanent employees.

As business owners should know, you must not contravene a term of a modern award, such as underpaying wages. What is probably less well known is that a person who is “involved” in a contravention of employment legislation is deemed to have contravened the law and that can include the external Accountant of a business.

A recent decision by the Victorian Supreme Court has expanded the scope of the Retail Leases Act 2003 (Vic) (‘Act’) by redefining the meaning of “retail premises”.

Filing the Claim
A civil claim is commenced in the Magistrates Court of Victoria when a Form 5A Complaint is filed with the Court. It contains a Statement of Claim. The claim will usually set out the facts in support of the claim (such as a breach of contract) and the amount being claimed.

Corporate Fraud or Employee Theft, occurs far more often than people are comfortable talking about. It can happen to very small businesses as well as to global brands. As an owner or investor in a business the consequences can be significant.

If you are starting out, you likely have a great new idea, or are keen to branch out on your own. Perhaps you are switching careers and want to work for yourself, or are excited by the new franchise opportunity.

Recently, changes were made to the laws which govern powers of attorney. Some of these changes have been made to consolidate and streamline the powers of attorney and related processes. Other changes have been made to improve protections for the people who grant the - the principal - and clarify their rights. Additionally, a new type of power, the supportive attorney, was created to for people who need another person to have the legal right to act on their behalf, but who don’t want or need to give up their ability to make decisions for themselves.

This decision underscores the importance of a carefully drafted shareholder agreement.

Global Advanced Metals Pty Ltd v Metallurg Inc [2017] WASCA 188 is a recent decision of the Court of Appeal of the Supreme Court of Western Australia regarding a dispute between Global Advanced Metals Pty Ltd and one of its shareholders, Metallurg Inc. Metallurg had signed on to a shareholder agreement when it acquired the shares in Global, which relevantly included clauses which allowed all shareholders access to company records for accounting, taxing, and verification of investment, and which imposed a duty on shareholders to keep confidential all confidential information it receives.

Unfortunately, sometimes the common Chinese emphasis of doing business based on trust and reliance doesn’t always translate well in the Australian business environment, especially since the Australian Courts take an evidence-based approach towards determining matters of fraudulent conduct. This is often exploited by wrongdoers (usually from the same community and background as their victims) who then take advantage of new migrants and overseas investors for commercial gain. Lacking even the most basic knowledge of the Australian legal system to protect their interests adequately, such migrants and investors find themselves in a position of unaccustomed vulnerability.

There is no entitlement to paid parental leave in the Fair Work Act 2009(FWA).
An employee will only be entitled to paid leave from their employer if there is a provision for it in either their Award, their Agreement, or in the employee's contract.

The media have recently reported dreadful stories about goings-on at some of our banks and other financial institutions.
The latter have allegedly transgressed by giving bad financial advice, failing to honour life-insurance policies and have allegedly manipulated the bank-bill swap rate.

Television Education Network
The 2nd Annual Business Acquisitions Conference

In my paper, I said Chapter 6D did not apply to proprietary companies where a disclosure document is required. I should also have said that where a proprietary company can avail itself of an exemption under section 708, without breaching section 113, it can raise funds as permitted by Chapter 6D.

Television Education Network
The 2nd Annual Business Acquisitions Conference

Finance, whether in the form of equity or debt, is vital for the formation, growth and continuing existence of business enterprises. There are many forms of finance that a business enterprise will look to and what it selects will be determined by the stage of maturity it has reached. A start-up will rely on different sources of finance to a multi-national.

POST-EMPLOYMENT RESTRAINTS OF TRADE:
WHEN OVERSTEPPING THE MARK MEANS NO PROTECTION AT ALL

You might be in retail, in professional services, manufacturing or in the construction industry, either way, it is an inevitable fact that as your business grows and expands, you will be employing or contracting with people who will gain intimate knowledge of your business operations and in many cases they will form valuable relationships with your customers and suppliers.

In an attempt to cut down the costs of civil litigation, Victoria's Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Bill 2014 (the Act) has recently been passed to amend the Civil Procedure Act 2010 (Vic) in relation to discovery and disclosure obligations.

An "indemnity" generally amounts to an agreement to compensate a person for a particular loss suffered. The extent of the compensation will depend upon the terms of the Indemnity.
It is very common to find Indemnity provisions in a variety of contractual arrangements such as contracts for the supply of goods, manufacturing contracts, property leases, agency arrangements, hire contracts, and personal service contracts.