Frequently Asked Questions About Contract

When you’re talking shares or shareholders, having a water-tight contractual agreement is paramount. No ifs, no buts—no exceptions. A working blueprint for the way a company is run and the rules pertaining to those with a stake in it, a shareholders agreement will prevent any unnecessary conflicts or messy legal issues from emerging later down the line. Learn more

A lot of people get this wrong because the clause will often say something like, Party A is able to exercise the option if Party A sends a letter or an email or some sort of written notice to Party B saying that you Party A is exercising this option. So that’s pretty simple Party A. Learn More

Who is the copyright author when a message has been sent to you from beyond the grave? Interesting, stick around and I’ll tell you. Learn More

So do a search for indemnity or indemnification, see what comes up, and then read the terms of that clause. An indemnity is where you promise to cover the other party’s loss. So if you cause them any sort of loss, the indemnification clause will basically say, “You have to make good on that loss that you caused them.” Learn More

So, a process contract is basically the contract between the person who issues the tender and the respondents to the tender. It is a contract that says, this is the process that we will follow when we run the tender.  Learn More

The growing impact of Covid-19 to the economy involves all businesses around the world. Because your business can no longer perform your obligations under that contract, can you terminate a contract due to COVID-19? Learn More

While typically based on a standard template or format, professional contracts are tailored to cover every element that is deemed specific to the employee, employer, industry, and working arrangement. That said, if your employees are now working remotely and are likely to indefinitely, going through all existing contracts with a fine toothcomb is advised. Learn more

Shareholders’  Agreements only apply to companies with more than one shareholder. If you have a company with two or more shareholders, you should look at putting in place a Shareholders Agreement. Learn More

The first thing you need to do if you want to start an online business is you need to come up with a good online business name.   This is the name that you will be trading under for your business online. Learn More

So a company issues shares, the owner of the shares are called shareholders. The issue is there’s no contract that governs the relationship between those shareholders of the shares. And so what you want to do is you want to have a contract between the holders of the shares that govern a whole lot of things about. Learn More

The answer to the question is simply that, yes, mental incapacity can render a deed void. But the real issue is you got to be able to prove it. Learn More

The simple answer is what you should do is take the contract that you have signed with the prime contractor and mirror that with your subcontractor. So, say you’re in the middle and you’re providing services to someone up here and you wanna engage a subbie to assist you. Learn more

Right-o. Well, a subsidiary company is one that is owned by a parent company. So, I’ll use a little diagram for you. You have a parent company, any company that sits under it, where this company owns the shares in this one, which means this one is a subsidiary of that one. Learn More

A lawyer does not have to draft a contract. I would like to think that you’ll get a better result if you do have a lawyer draft your contract. But I’ve seen some contracts drafted by the lawyers, and let me tell you. You may have been better off doing it yourself. Learn More

So, is it legal if someone resigns without giving notice? Well, the short answer is yes, meaning the notice is effective because you can’t hold someone to stay in a job because they’re not slaves, we don’t believe in slavery in Australia. Learn More

Well, in Australia, there is the Spam Act. Under Section 16 of the Spam Act, there is the general prohibition on sending out electronic messages for commercial gain without consent. Learn More

If you run a business, there generally are three types of confidential information you wanna keep confidential: information about your employees, information about your customers, and information about your products and goods and services and things like your pricing. Learn More

Anyway, I’m jumping ahead of myself. Pty Ltd, proprietary, privately-owned shares. Ltd means limited. And when you put those two together, proprietary limited, it means that the privately held shares are owned by a group of shareholders and the amount that they owe the company or their risk in the company is limited by the amount they paid for the shares. Learn More

The other area where it can get confusing is that if you haven’t signed a contract, let’s say someone gave you a contract to sign, let’s say an employment agreement, and you never actually signed the employment agreement but you turn up for work and you start working, well, that means there is a contract on foot. Learn More

There are full-time employment agreements, part-time employment agreements, casual employment agreements, then there are contract employment agreements, which can be full time or part-time. So let’s run through them. Learn More

So, can you use the image of a person to promote your business? Well, the answer is yes. Should you? Probably not. Let me explain that. In Australia, there’s no common law right to privacy.  Meaning you can’t stop using, so you can’t stop someone using a photo of you to promote their business. Learn More

Right answer, who owns the IP in an employee and employer relationship? Well, first thing I’d say is, look at the employment contract. The employment contract that’s signed between the employer and the employee should clearly set out who owns the IP that they create during their employment. Learn More

So, let’s use an example. Let’s say I engage KPMG. I’m paying KPMG, they’re providing services to me and they’re going to create a whole lot of documents and reports. So, can I share that material created by KPMG with someone else? Well, the answer to the question lies in the contract you’ve signed with KPMG. Learn More

“Why,” you say? Well, the website terms and conditions operate as a contract between all parties, assuming you draft them like that. And so, that then makes it clear that by using the website and/or buying goods or services through the website, that there is a contract that’s formed, and then the terms of the contract are what’s described in the website Ts and indistinct. Learn More

A secondment agreement is when an employee is sent by his/er company to work for a client, but remains to be the company’s employee with all the benefits and all. Learn More