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…
Case note: improper planning conditions
In South of Perth Yacht Club (Inc) v Jacob MLA [2016] the Supreme Court of Western Australia quashed the Minister for Environment’s decision to impose a condition upon the Yacht Club requiring it to enter into a new lease, as part of the approval granted by the Minister, for an application to commence development within an area…
Mark Pendlebury
Fletcher Law is extremely pleased to welcome Mark Pendlebury as Principal, Commercial Litigation, from 1 July 2016. Mark joins us from Francis Burt Chambers where he was a Barrister for 13 years. For over a decade before that he had been a Partner of Clayton Utz. Mark has extensive experience in commercial disputes, providing clear,…
Debt collection approach
Dealing with overdue debts can be the least pleasant part of being in business, but without cash flow a business will struggle. Managing payments should be given top priority. Debtors should be made aware of the debt and the lapsed payment terms and be advised of any imminent legal action. The first step in a typical debt recovery process is the creditor issuing a letter of demand before commencing…
Know your land rights: implications of ESAs
Over 98,000 parcels of land in Western Australia are identified as environmentally sensitive areas (ESA). If your land, or part of it, is declared to be an ESA, there can be significant consequences, including limiting activities that involve clearing vegetation, such as the construction of a building or other structure. An ESA can have a substantial impact…