Fletcher Law’s Guide to Shareholders Agreements

What is a Shareholders’ Agreement? A shareholders’ agreement (SHA) is a contract between some or all of the shareholders of a company.  Pursuant to an SHA, shareholders agree to regulate the exercise of some of their rights as shareholders of a company. Why is it beneficial to have a SHA? As a shareholder, there are…

Understanding “Without Prejudice” Privilege

Frequently during commercial negotiations, and in an attempt to keep information they are disclosing from being used against them, parties use the phrase “without prejudice”. In many instances, this reference is made without a proper understanding of the term or its application. Use of the phrase is often misconceived as famously stated by Wells J…

Issues Associated with Heads of Agreement

A Heads of Agreement (HOA) or Memorandum of Understanding (MOU) is commonly used in business negotiations which have reached a certain point with final documentation pending.  A well prepared HOA provides the parties to a transaction with a framework for negotiating a final contract, evidences commitment for the benefit of third parties including financiers and…

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The SAT – reluctant interstate traveller

7th September 2018

Since its inauguration in 2005, the jurisdiction of the State Administrative Tribunal in Western Australia (SAT) has expanded exponentially to include more than 154 pieces of statutory legislation. The appeal of the SAT as a less complex, more informal, less procedurally stringent and expedited manner of dispute resolution has gained momentum and traction among the... read more

Planning approval conditions – are they valid?

24th August 2018

The recent decision of Deputy President, Judge Parry, of the State Administrative Tribunal in Prosser v City of Bunbury [2018] WASAT 41 reminds us of the importance for developers to scrutinise the planning approval conditions imposed, as one or more of the conditions may be unlawful. Local Government may impose various types of planning approval... read more

Riaan Piek

26th March 2018

Introducing Riaan Piek, Litigation Counsel, who recently joined the firm to bolster Fletcher Law’s expanding litigation capacity with his 20 years’ experience as a lawyer advising on risk and the prevention, minimisation, control, balance and management of its consequences. Whilst Riaan has been a commercial litigator for most of his professional life, he has a... read more