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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To send or not to send

16th October 2017

Direct Marketing under Australian Privacy and Spamming Laws Before you hit send on that commercial electronic message (including, amongst others, emails and SMS messages) (“CEM”) you should be aware of the application of Australian privacy and spam laws. Finding electronic addresses online or purchasing a list from a business to business list supplier (“B2B List... read more

Employers caught by own policies

14th September 2017

Businesses, particularly large ones, often develop internal policies concerning the employment of their employees. These policies deal with a wide range of matters including the use of motor vehicles, drugs and alcohol, conflicts of interest, IT and social media, confidentiality and intellectual property, dress codes, bullying, harassment and anti-discrimination, redundancy entitlements and eligibility for share... read more

Caveats

17th July 2017

What is a caveat? A caveat is a notice recorded on a title to land to protect an interest that affects that title.  The caveat forbids registration of any further interests that may affect the interest recorded in the caveat without the consent of the caveator (the person who lodges the caveat). Each state and... read more