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Can You Keep a Secret? – The Importance of Confidentiality
In Brief – A duty of confidence may arise under the general law or because of a contractual arrangement put in place between the owner of confidential information and the recipient of that information…
Contracts – What should go in (and what might sneak in)
In Brief Every legally binding contract should deal with these 6 pillars: Who, What, Where, When, How and How Much? Special clauses dealing with intellectual property rights and obligations, privacy/data protection/indemnities etc…
Due Diligence – Who are you getting into bed with
In Brief Do at least basic due diligence before every deal, even if you know the party well; Due Diligence enables you to understand who you are really contracting with…
Executing Contracts – the Who and the How
In Brief It is important that contracts are signed by individuals who are properly authorised to do so by their contracting entity. Failure to execute in accordance with proper authority…
How do I vary a contract
In Brief A contract variation occurs when the parties agree to do something differently from that originally agreed (but the remainder of the contract remains unchanged). Ensure you understand the…
Joint Ventures – Better Together
In Brief Joint Ventures are agreements between 2 or more businesses to come together to carry out an undertaking and share in the profits from it. When businesses combine their…
Keeping Things Casual – Avoiding an Unintentional Legal Relationship
In Brief A non-binding agreement is usually called a Memorandum of Understanding where there will be no further agreement later, or a Heads of Agreement, Commercial Terms Sheet…
Supplying Consumers and Small Business – Tread carefully as Laws sharpen their Claws
In brief The Consumer Guarantees are a set of assumptions that the Australian Consumer Law makes about the provision of goods and services to a consumer. They include guarantees by suppliers that goods and services will among other things be. Fit for purpose…