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Why a corporate power of attorney is so important business business law corporation corporations act power of attorney Jan 15, 2025

In the realm of business law, a corporate power of attorney (POA) is an invaluable legal instrument for corporations operating in New South Wales (NSW) and across Australia. It authorises a designated person or entity to act on behalf of the corporation in specific legal, financial, or...

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De Facto Directors: Hidden Responsibilities and Legal Risks Under Australian Law business corporations act director penalty notice Dec 12, 2024

In the complex world of corporate governance, not all directors sit formally at the boardroom table. Some individuals may be exercising director-level influence without realizing they carry the same legal obligations as appointed directors. These are known as de facto directors, and understanding...

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Expanded protections under the Retail Leases Act - understanding the impact on rent review clauses business property retail lease retail leases act Dec 04, 2024

Retail leasing in New South Wales underwent significant changes in January 2023, following amendments to the Retail Leases Act 1994 (NSW) . These changes, introduced through the Retail Leases Regulation 2022, aimed to modernise the retail leasing landscape and address gaps in tenant...

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When a Business Succession Agreement is not enough to deal with the death of a business partner business business agreement deceased estate estate planning Nov 29, 2024

Iron Horse Machines Pty Ltd v Olmate Holdings Pty Ltd [2024] WASC 383

The dispute between Iron Horse Machines Pty Ltd and Olmate Holdings Pty Ltd arises from the breakdown of a long-standing business partnership between two long-time friends, Mr James Cross and the late...

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Lessons to be learned from this family business dispute business family business heads of agreement supreme court Nov 06, 2024

A family dispute concerning the ownership and control of Kennedy Watches & Jewellery Pty Ltd ("the Business"), a well-known distributor of luxury watches with franchise agreements with prestigious brands like Rolex, Patek Phillippe, and Omega, was dealt with in the Supreme Court of New...

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Unfair Dismissal and Genuine Redundancy: Janus v Red Star Gold Coast Pty Ltd business employment law fair work act fair work commission unfair dismissal Oct 09, 2024

Employment disputes can often hinge on technicalities, with the line between lawful redundancy and unfair dismissal being particularly nuanced. In the case of Janus v Red Star Gold Coast Pty Ltd, a couple employed as motel managers found themselves out of work following a restructuring of the...

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Trouble was a-brewing for a tea industry partnership business business law partnership agreements supreme court May 29, 2024

A partnership agreement will typically contain a provision specifying what happens if a partner wishes to exit the partnership - for example, in the case of retirement. The agreement will then typically also contain a provision specifying how the outgoing partner's share in the partnership...

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Is a wine bin number inherently able to distinguish it as a trade mark? business business law business lawyer ip australia trade marks Sep 17, 2023

An application for registration of a trade mark can be refused by Intellectual Property Australia (IP Australia) for various reasons – including the trade mark not being capable of distinguishing the applicant’s designated goods and/or services from the goods and/or services of other...

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The tale of two women, two teenage dreams and one name - Katy Perry vs Katie Perry business federal court intellectual property trade marks May 03, 2023

As stated by Justice Markovic in his opening paragraph of the 21 April 2023 judgment:

"This is a tale of two women, two teenage dreams and one name."

Katie Taylor (nee Perry) - the Australian fashion designer

  • a fashion designer
  • designed and sold clothes under the name "Katie Perry" since...
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A franchisorā€™s duty to avoid misleading and deceptive conduct during pre-contract negotiations business business law franchises franchising code of conduct good faith misleading and deceptive conduct unconscionable conduct Apr 12, 2023

The franchising industry has been a vital part of the Australian economy, contributing significantly to employment and economic growth. According to 2022 figures, the franchising industry in Australia is estimated to be worth around $172 billion, with approximately 1,120 franchisors operating in...

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Providing accurate information when selling a business business business law business purchase business sale false or misleading representations misleading and deceptive conduct supreme court Dec 02, 2022

The concept of “misleading and deceptive conduct” doesn’t only arise in the context of consumer law, requiring a seller to ensure that it does not mislead or deceive, or engage in conduct which is likely to mislead or deceive, its consumers in relation to the product or service...

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Considerations when requesting a retail landlord's consent to assignment of the lease business landlord lease property retail lease retail leases act tenant Oct 11, 2022

 If you are a retail tenant, and you wish to sell your business (and assign your lease to the business purchaser), or for any other reason, you wish to assign or transfer your lease to another party, then depending on the terms of your lease, you may need to obtain the prior consent of the...

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This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.