Restraints of Trade

A contract can be in restraint of trade if one party (“the covenantor”) agrees with another party (“the covenantee”) to restrict the covenantor’s liberty in the future to carry on trade with other persons not party to the contract. The most common restraints of trade are: “non-solicitation” clauses preventing a covenantor from soliciting, or accepting, work from clients of…

The SAT – reluctant interstate traveller

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…

Conducting business as a partnership

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…

I just want to get paid!

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…

Caveats

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…

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