Click here to subscribe to our newsletters. Links to a selection of our recent articles are set out below.
A Barley Grain of Truth
In the recent case of Cargill Australia Ltd v Viterra Malt Pty Ltd the buyer paid $420 million for a malt business and discovered after completion that the business had been manipulating malt test results and misleading customers. The Court awarded the buyer damages in the sum of $168 million plus interest from the completion date in the sum of $124 million (plus costs).
This article deals with the importance of partnership agreements. You’ll find links in the article to other articles concerning partnerships concerning The Partnership Act 1958 (Vic), Partners as Agents of Other Partners, Liability of Partners, Implied Terms of Partnership Agreement, Partnership - Expulsion, Retirement and Continuance, and Dissolution of Partnership.
This articles contains reasons to stay out of Court, and ideas for reducing the risk of ending up in Court. Unclear legislation (and the resultant lack of certainty as to the likely outcome at Court) is one reason to stay out of Court. There are numerous others.
“I am the parliamentary draftsman;
I compose the country’s laws.
Of half the litigation in the nation,
I am undoubtedly the cause”.
J.P.C., “The Parliamentary Draftsman”, Poetic Justice (1947)
ACCC vs Servcorp: Unfair Terms
A few of the customers of Servcorp Parramatta and Servcorp Melbourne complained to the Australian Competition and Consumer Commission (ACCC) that some terms of their contracts with Servcorp were “unfair” within the meaning of section 24 of the Australian Consumer Law (ACL) and therefore unenforceable.
Newsletter, February 2023
This article contains a snapshot of some of our recent matters (as at February 2023), which included a Business Sale, a Joint Venture Buy-in, a Management Buy-in, a Management Buy-out, a Shareholders Agreement, an Employee Share Plan, a Non-compete Clause, a Response to Tender, Character Merchandising / Misleading and Deceptive Conduct, Stolen Passwords, an Agreement for Lease, Lease Negotiations, an NDA / Confidentiality Agreement, Terms and Conditions, a Deed of Acknowledgement of Debt, and a Virtual Control Room Licence and Support & Maintenance Agreement.