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Oppression claims are a critical aspect of Corporations Law and are subject to provisions under the Corporations Act 2001. It is irrelevant whether you are classed as a minority shareholder or a majority shareholder the remedy exists to rectify any oppressive conduct towards shareholders. Key aspects of Oppressive claims involve; A clear understanding of the […]
Oppression Claims In Shareholder And Director Disputes Read More »
In a nutshell… Purchasing a secondhand vehicle is an experience most people will have in their lifetime. Whether it is to purchase your first car as a teenager, your family car or your everyday car, secondhand cars are a normal part of most people’s lives at some stage. Of course there are many advantages
Navigating Used Car Purchase Disputes What Are Your Rights? Read More »
Breaking a Sweat Over Business: The Fitness Feud of the Decade Aussie fitness sensation Cass Olholm isn’t just breaking a sweat in her workouts but also in court! Flexing her legal muscles, Cass recently delivered a knockout punch to her former employer, Bikini Body Training Company. In the red corner, we have the globally recognized
Breaking a Sweat Over Business: The Fitness Feud of the Decade Read More »
Contract law falls within civil law legislation and is subject to civil proceedings. Civil law proceedings comprise areas of law such as Family law, wills, contracts law, etc. Civil law involves people against people and looks to provide a remedy for individuals so they can enforce private rights against other individuals. Criminal law on the
Is Contract Law Civil Or Criminal? Read More »
Imagine this: You’re buying something big, maybe a car. After some discussion, the seller sends you a photo of the written agreement. You reply with a “thumbs-up” emoji. Most of us would see this as a casual gesture of acknowledgment. But in a recent Canadian court case, that single emoji was deemed enough to finalize
Thumbs Up or Thumbs Down? How an Emoji Changed Contract Law Read More »
Transfer of property from trustee to beneficiary and asset protection Depending on your personal circumstances, having an asset protection strategy in place that involves a family trust, fixed trust or unit trust can be pivotal in protecting your investment properties and estate, as well as potentially access a transfer duty exemption or concession when transferring
Section 73 of the Civil Procedure Act: Enforcing Settlement Read More »
Australia backs out of contract with French company Naval Group In 2016, Australia signed a contract with French company Naval Group to supply Australia with 12 diesel-electric Barracuda submarines over a 25 year period. In mid-September 2021, Australia unceremoniously withdrew from its contract with France and signed a new defence treaty with the United Kingdom
Whatever floats your…submarine Read More »
Elements Plaintiff has a cause of action in contract – namely, a breach of contract; Defendent’s breach of contract has in fact injured or caused a loss to the plaintiff – causation; The loss suffered by P is not too remote; and P has not breached his or her ‘duty’ to mitigate unnecessary loss The
Contract Compensation Read More »
Rescission Introduction and Overview Both the common law and equity recognise that, in certain circumstances, a party may have a right a right to rescind, avoid or “set aside” an overview effective transaction. Prior to rescission, the transaction is voidable rather than void à valid and effective, albeit subject to avoidance at the election of
Contract Rescission Read More »
Rescission Nature of the Remedy (general) Rescission is the reversal of a transaction so that each party is restored to its original position. Rescission is a remedy of both the common law and equity. Common law rescission is confined to contracts, but rescission in equity extends to gifts and other transactions. Rescission and termination (void
Remedies from rescission to restitution Read More »
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