Articles matching Commercial Law


How to Draft a Witness Statement or Affidavit for Court

Filed under: Contract Law, Commercial Law

The usual way of giving evidence in Court is via a witness statement or affidavit. The other way is to give evidence orally from the witness box, however...

What is a Restraint of Trade in a Sale of Business?

Filed under: Contract Law, Commercial Law

A restraint of trade is a common clause in sale of business agreements. The clause will protect the purchaser of the business by preventing the vendor...

Do I Have to Take On the Existing Employees When I Buy a Business?

Filed under: Commercial Law, Employment Law, Company Law

If you are buying a business with employees, you will need to work out whether you want to take them on. Whether you need to take on existing employees...

What Is Misleading & Deceptive Conduct?

Filed under: Commercial Law, Business Law, Competition and Consumer Law

Section 18 of the Australian Consumer Law (ACL) (which applies in each State and Territory) prohibits misleading and deceptive conduct: “A person must...

How to Avoid Anti-Competitive Terms for an Online Marketplace

Filed under: Commercial Law, Business Law, E - Commerce

Online marketplaces provide sellers with access to not only prospective clients, but also to payment gateway and product listing systems. These advantages...

Payments and Compliance: Accepting Credit Card Payments Online

Filed under: Commercial Law, Business Law, Contracts and Agreements, E - Commerce

You have a variety of payment processors to help you accept credit card payments for your online business. While these processors help with receiving payments,...

Injunctions- How to Obtain One

Filed under: Contract Law, Corporate, Commercial Law, Business Law, Contracts and Agreements

Getting an injunction is more difficult, risky and expensive than most people think. It is not just a matter of telling your lawyer to “get an urgent...

Federal Court On Blog Articles And The Australian Consumer Law

Filed under: Commercial Law, Business Law

In Nextra Australia Pty Limited v Fletcher [2014] FCA 399 Collier J examined whether an online blog article was misleading and deceptive contrary to s...

How Does an Aviation Finance Deal Work?

Filed under: Banking & Finance, Commercial Law, Business Law

Aviation finance is a type of asset finance for the purchase and operation of aircraft. Usually the financing is structured as secured lending, operating...

Is a 53% pa default interest rate under a short-term loan facility valid and enforceable?

Filed under: Business & Commercial Law, Contract Law, Commercial Law, Commercial Agreements, Consumer Law

Short-term loan facilities often come with horrendous rates of interest. The WA Supreme Court recently examined a short-term loan with an interest rate...

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