You can never contract out of misleading or deceptive conduct
The Victoria Supreme Court of Appeal confirmed that a party cannot contract our of liability for misleading or deceptive conduct under Australian Consumer Law.
Personal Liability of Employees
Visit the Industrial Relations section of our website here for more information and articles on employers and employees.
The case of Houghton v Arms may prove to have wide ranging implications for Australian Workers. It may set a precedent which would see employees who make a mistake at work face personal liability for their actions, separate to any claims made against their company.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
Retention of Title Clauses when goods are mixed
In order to be valid under Australian law, the items subject of the retention clause must be capable of being identified by the seller. If the seller supplies a standard product, steps must be taken to ensure that that the goods are readily identifiable.
The retention of title clause must adequately identify the goods. The seller should name the goods specifically in the contract of sale and place suitable identification symbols and marks on the goods to indicate that the goods are the property of the seller – Australian Encyclopedia of Forms & Precedents, Retention of Title Clauses.
A retention of title clause can be a very useful tool but the terms and conditions need to be drafted properly to be enforceable.
Statutory Oppression Remedy Under the Corporations Act 2001 (cth)
More information on the Corporations Act 2001 can be found obtained by contacting us.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
The law regarding the statutory remedy of oppression is contained in Part 2F.1 of the Corporations Act 2001 (Cth) (“CA”) which comprises sections 232 to 235.
Contracts Collateral & Inconsistent
See our website here for more information on contracts.
Collateral Contracts
A collateral contract is usually a single term contract, made in consideration of the party for whose benefit the contract operates agreeing to enter into the principal or main contract, which sets out additional terms relating to the same subject matter as the main contract.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
Dissolution of partnerships
More information on Business Disputes, including Partnership disputes, can be found at Partnership Agreements and Partnership Disputes – Contract Negotiations and Interpretations and at All Business Disputes.
Employees Poaching Property and Clients
For the most up to date content on this topic visit our website here.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
More and more we are advising employers on suing former employees who leave to set up their own business, or work for a competitor and then poach their old employer’s clients.
Recently a court in NSW forced an accountant to repay to his old accounting firm $188,000 that he earned from a client which he had taken with him when he moved employment to a new firm.
We can prepare employment contracts to include restraint clauses making those employees who have attempted to take client bases with them liable for damages. We have also had several cases involving employees taking company property such as pricing structure and tender documents and other sensitive information giving them sensitive information allowing them to unfairly compete with their former employer. Employers have many options open to them to pursue their former employees.
Some of the services we have provided for our clients include sending letters of demand, demanding undertakings, reviewing employment contracts, providing advice on injunctions and commencing litigation.
Employees stealing trade secrets
For more details on our services regarding claims against employees – click here.
Your employees’ employment contracts need to have strict clauses in them so that they are not tempted to steal your intellectual property and set up in competition to you or take them to a competitor.
Thinking of starting a business? Have you considered what business structure is right for you?
New Company Startups/Business Structure – for more information click here.
Too many people set up new businesses without carefully considering the best business structure that can be tax effective and protect assets.
