BUYERS (NEEDING FINANCE) BEWARE!
On 15 June 2011, the Court of Appeal of the WA Supreme Court in Dodds -v- Kennedy [No 2] [2011] WASCA 131 made some rulings in relation to the clause 1 of the Standard REIWA/Law Society Contract for Sale of Land by Offer and Acceptance that may surprise many in the Real Estate, Banking, Mortgage […]
Copyright – International Enforcement
We received some interesting instructions this week from a photographer that was referred by an old client. One of his photographs, of a girl with her hands and feet on the ground, but bending over backwards, has been found on a billboard poster in New Zealand advertising flexible bus fares! He had not given any […]
Buying or Selling a Business?
This week we’ve been asked to give advice on a 50 page business sale agreement. The purchaser price is about $650,000, so it needs to be right. Our client has been waiting about 6 months for the seller to provide a sale agreement. We were given a PDF to review. We printed it and re-scanned […]
Software Licence Dispute
Our clients developed some software to demonstration stage. They set a price and a three-year term. The customer wanted the contract in writing and some versions went back and forth. The key aspects of the licence fee and the three-year term were unchanged. The licence fee was payable in instalments. The customer ended up paying […]
Building Dispute – Contract Price Increases and Prime Cost Variations
We’ve been dealing with some very nice people that signed with a project builder using a rather messy 2007 Housing Industry Association contract. The demolition people have only just submitted the application to demolish and that will take until early December to approve. The building licence was not obtained within the 45-day period, due to […]
Contracts Commercialisation of Intellectual Property
This week we finalised a complicated deal between our client who owns some valuable patents and trade secrets and a large US company. It involved: (a) the company subscribing for shares; (b) the money being used to repay debt; (c) the company agreeing to fund further development of some new technology; (d) a licensing deal […]
Advice on a Messy Shareholder Agreement
We worked this week on some advice on a proposed shareholder agreement that had been provided to a client of ours. According to our instructions, there were quite a few disparities between the deal that our client thought had been done, and the wording of the shareholder agreement. Some problems included: (a) shares were required […]