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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Municipal Mysteries of Town Planning Law

8th August 2019

“He reached Chesham Square and made diagonally for No. 10 (which was) between two houses, of which one, rationally enough, bore the number 9 and the other was numbered 37: but the fact that this last belonged to Porthill Street was proclaimed by an inscription placed by whatever highly efficient authority is charged with the... read more

Diary of a Commercial Lawyer Part 2 – The Psychology of the Non-Compliant Taxpayer

15th January 2019

“His depression did not lift, it simply moved to one side a little” – Mervyn Peake – The Gormenghast Trilogy The woman was a self-employed tradesperson in her late 50’s.  She had always lodged her income tax returns and her quarterly business activity statements and income activity statements.  She had always paid superannuation contribution for... read more

Diary of a Commercial Lawyer Part 1 – The Pitfalls of Oral Contracts

7th November 2018

Reflecting on some 35 years of experience as a commercial lawyer, one thing in particular stands out: variety.  The extraordinary scope of the issues presented by clients to resolve. Apart from the fact there is nothing better than variety to keep your daily job interesting, 35 years of variables presented to you to deal with... read more