Building project delays: what are your rights?
Delay Claims in Domestic Building Contracts In Queensland, the building industry is regulated by the Queensland Building and Construction Commission Act 1991 (Qld) (the Act). The stated objectives of the Act are to regulate the building industry, provide remedies for defective work, to educate builders and consumers, and to regulate domestic and commercial building contracts (amongst other things). […]
Registering a business name in Australia
The Business Names Registration Act 2011 (Cth) (the Act) requires “an entity that intends to carry on a business under a business name to register the business name on a nationally established and maintained register of business names”. That register is the Business Names Register. The Act aims to enable easy identification of a business and avoid the […]
Contract law: the contra proferentem rule
In a perfect world, the wording of contracts would be concise and unambiguous. However, it is not surprising that contract ambiguity regarding the interpretation or intended meaning of a term often leads to disputes. The contra proferentem rule is a construction aid in disputes involving the ambiguity of a term in a written contract. The […]
What’s the difference between a de facto director and a shadow director?
A director of a company is an individual who manages and supervises the company’s business activities. A company or organisation can have different types of directors, two of which being “de facto directors” and “shadow directors”. This publication is a discussion of the differences between these two kinds of directors.
Whistleblower laws in Australia
A whistleblower is a person who reports misconduct from within a company. Whistleblowing is generally defined as disclosure to an authority by a former or current employee of illegal, immoral or illegitimate practices by the employer. Whistleblower protections in Australia were reformed by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth). That legislation amended the Corporations […]
Settlement Deeds
At the end of a dispute, or if a resolution can otherwise be reached, it is usual for the parties to record the terms of settlement in a legal document called a deed of settlement. A deed of settlement intends to provide certainty and clarity to the terms of the settlement, and to provide a […]
