Lease Dispute Arbitration
This week we finalised an agreement to send numerous disputes regarding a lease to arbitration. One dispute related to whether the lessee or the lessor is liable for sewerage discharge charges levied by the Water Corp. Other disputes relate to various defects around the premises, including non-compliant electrical and plumbing fittings, non-compliant fire-safety plant and […]
IP Issues for IT Client
We received an e-mail from an old IT client who had a trade mark issue. A cruise company wanted to register a trade mark in relation to some Apps it had developed. IP Australia said they were too similar to our client’s trade marks, which were in the same class.They asked our client to sign […]
Terminating A Building Contract
We received some instructions this week to help terminate a building contract. There has been a litany of issues during the build. It is not 51 days since so-called practical completion, which was already over due by months, and the builder is not prepared to compensate my client for the extra rent he had to […]
$1.15 Million Business Sale
I had a lengthy discussion with a client who is selling his interest in 5 businesses to his business associates for $1.15 million, on 90% vendor finance, with payments of at least $48,000 per month for 2 years. We sorted out the basic terms on Monday and finished version X of the draft agreement yesterday […]
Computer and IT Contracts
We are helping a client who wishes to develop some software to assist in his business and sell to others in the industry to recoup the $180,000 he has been quoted. We have been pointing out the pitfalls of the contract that he has been asked to sign, including him not only giving away all […]
Tricky Building Situation
This week I went through a strategy for a client who is building a house and has some issues with his builder, including: Variations not being writing – which will make it difficult for the builder to claim for those changes; The builder has tried to claim for installation and delivery costs in relation to […]
$11 Million Deal
We have been working on a new $11m deal for a new client – a contract to buy a piece of land and another contract for the construction of a hotel. We are setting up 2 new unit trusts – one to buy the land, the other to lease the land and obtain the hotel […]
Corporate Compliance
Do you use a company to trade? Do you have the Australian Company Number for that company on your business card? What about your website? Did you know that it is a requirement under the Corporations Act that most documents issued by a company need to have its ACN published. If you, or anyone you […]
Exotic Share Class
We have helped a few clients set up companies recently. The last matter required a special class of share for 15% of the total shares issued. This entitled the holders to extra shares each time more shares were allotted to investors in return for capital, such that their original percentage of that class of shares […]
Privacy Policy
Do you have a Privacy Policy? Does it comply with the 10 National Privacy Principles from the Commonwealth Privacy Act 1988? Did you know that those 10 National Privacy Principles, that apply to some businesses, are being replaced by the 13 Australian Privacy Principles next week on 12 March? If you, or anyone you know, has […]