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Blog Bite: What problems can arise when a company does not draft a shareholders’ agreement?

This article posted on our partner site Mondaq.com presents a situation when a company did not have a shareholders' agreement, the circumstances that followed and how the shareholders' agreement cou...

Blog Bite: Are joint ventures riskier than other contracting structures?

This article posted on our partner site Mondaq.com critically examines the claim that joint ventures are riskier than other contracting structures. It concludes that they are not, provided that part...

Blog Bite: What are the reasons that Australia’s Consumer Law trumps the choice of law clause?

This article posted on our partner site Mondaq.com discusses this recent Federal Court of Australia decision in which an American refund policy violated Australian consumer legislation. The court fo...

Blog Bite: Do the exchanges in a joint venture agreement ever constitute a security interest?

This article posted on our partner site Mondaq.com points out the effect the Personal Property Securities Act (PPSA) can have upon documentation for joint ventures. For example, its broadened defini...

Blog Bite: What marketing strategies should joint ventures avoid in order to retain the protection of the exclusionary provisions for joint ventures under the CCA?

This article posted on our partner site Mondaq.com states that joint ventures risk foregoing their limited exceptions under the Competition and Consumer Act (CCA) by agreeing to engage in joint pric...

Blog Bite: What key considerations should parties keep in mind when structuring joint ventures?

This article posted on our partner site Mondaq.com sets out considerations for parties attempting to set up a joint venture. Summarily, parties should maintain detailed documents, ensure frequent an...

Blog Bite: How successful are entire agreement clauses are at preventing claims of pre-contractual misrepresentations?

This article posted on our partner site Mondaq.com posits that the Courts in Australia have been inconsistent on deciding if an entire agreement clause can prevent claims of estoppel. The author sta...

Blog Bite: What can businesses do to ensure their websites are compliant with Australian Consumer Law?

This article posted on our partner site Mondaq.com advises Australian businesses with an online presence to review their website terms and conditions to ensure compliance with the Australian Consume...

Blog Bite: Why is it important to negotiate specifics like caps on liability, exclusions, and time periods?

This article posted on our partner site Mondaq.com points out that if this clause is worded too broadly or ambiguously, the courts can interpret it as disproportionately benefiting the party putting...

Blog Bite: What are the consequences of entire agreement clauses?

This article posted on our partner site Mondaq.com discusses the range of legal consequences that entire agreement clauses have. The clause will only have the effect of excluding implied terms if th...
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