by AntcliffeScott | Apr 28, 2024 | Business, Contracts, Unfair Contracts
As previously discussed in our piece: Unfair Contracts, Resetting the Balance Between Big and Small Businesses, new laws have been passed (effective as of 9 November 2023) that prohibit the use of “unfair contract terms” in standard form small business...
by AntcliffeScott | Feb 29, 2024 | Estate Planning, Wills
We have all heard the saying “You can’t take it with you” and you certainly can’t control your money from the grave. You can of course make arrangements through the making of a Will during your life that will ensure that when you die, the NSW Supreme Court will make...
by AntcliffeScott | Dec 20, 2023 | Contracts
This year saw a high profile court case between former Network Ten political editor, Dr van Onselen, and his former employer Network Ten, over a non-disparagement clause that formed part of an agreed employment settlement Deed of Release upon completion of his tenure....
by AntcliffeScott | Oct 22, 2023 | Business, Finance, Insolvency, Liquidation, PPSR
Recent statistics released by ASIC show that 7,942 Australian businesses entered into external administration during the 2022-23 financial year. This represented an increase of nearly 50% compared to the previous year, and one that was particularly felt in the...
by AntcliffeScott | Aug 4, 2023 | Brand, Business, Goodwill, Intangible Assets, Trade marks
Goodwill has a long history in case law in Australia and the Commonwealth legal system. In IRC v Muller & Co Margarine Ltd (1901) AC 217 at 223 – 224, Lord MacNaghten described goodwill: “What is goodwill? It is a thing very easy to describe, very...
