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Business Law

Oral and Lost Contracts and Trusts

Much like a contract, where if you can establish offer, acceptance, consideration and intention to create legal relations you can show a contract exists – with trusts, if you can establish intention to create a trust, what the trust property is and identify the...

Alternatives to Bankruptcy

There are some alternatives to bankruptcy. Proposing a debt agreement to your creditors is a means by which you may be able to avoid bankruptcy by compromising your debts. It is a binding agreement under Part IX of the Bankruptcy Act 1966 (Cth) (Act) where, if a...

Thinking of Purchasing a Franchise Overseas?

I recently had someone call and enquire about what they needed to do to purchase a franchise overseas. I advised them it was not as straight forward as they might think and that the overseas franchise market was very different to Australia. There were many issues to...

Is Your Contract Unfair?

Effective for contracts entered into, renewed (or specific terms varied) on or after 12 November 2016, the Competition and Consumer Act 2010 (Cth) (CCA) can be used by small businesses to avoid certain contractual terms that are ‘unfair’. Who benefits now? Small...