COVID-19 and Leveraged Businesses

This article examines the implications of the novel coronavirus for Australian businesses at particular risk due to high debt, and the free movement of consumers and goods.  Steps can be taken to minimise damage to your business, including seeking leniency from creditors with a view to avoiding voluntary administration or liquidation.   The easy flow of…

Coronavirus and Commercial Contracts

The novel coronavirus / COVID-19 pandemic continues to cause mass disruption across the globe, with the extent of the damage yet to be understood.  It has led to businesses examining their business models, cutting expenses and re-negotiating contractual relationships.  It is hoped that, in this time, people and entities try to work together for general…

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…

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