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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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

Conducting business as a partnership

23rd March 2018

What is a partnership? A partnership is the relationship which exists between “persons” (see below) who carry on a business in common with a view to profit. In Western Australia, partnerships are governed by the Partnership Act 1895. There are two types of partnerships, “general” and “limited”. A general partnership is one in which all... read more

I just want to get paid!

20th March 2018

Fletcher Law receives a substantial number of enquiries from subcontractors, in the construction industry, about delayed or non-payment for works completed on construction projects. This is at a time when news about construction companies running into financial problems, leaving unpaid subcontractors in precarious positions, is all too common. The delayed payment or non-payment of accounts... read more