Language encapsulates the lore of generations and we as a profession are both the vector and manipulator of it. See List of ‘lawyerisms’ and suggested plain English substitutes Part of paper presented by Peter Janssen at Legalwise Seminar on Contract Drafting: 10 March 2016 Brisbane Click here for PowerPoint
Court Ruling on Indemnity clauses are a timely reminder for all businesses to review their consumer contracts to ensure that potential unfair contract terms are removed or amended. Also as it is rumoured that the coalition may broaden the scope of this law to apply to business to business contracts, it would be prudent to.
So the moral of the story is that ‘less’ is not necessarily ‘more’ when it comes to drafting. Do not just follow a precedent blindly and draw your mind to all the consequences of your terms and the way in which you describe the document and its attestation clauses. Also make sure that when the.
Effective risk governance is a fundamental requirement for high quality risk management. The primary responsibility for Risk Governance is with the Board and the CEO because they set standards and expectations that have a profound influence on the corporate culture. Read More Peter Janssen Director Principal Corporate First Lawyers Brisbane (c) Corporate First Lawyers 2016.
“Remedies for unfairly prejudicial conduct towards shareholders appear in s 994 of the Companies Act 2006 (UK), 3 Part 2F.1 (ss 232-235) of the Corporations Act 2001 (Cth) and s 174 of the Companies Act 1993 (NZ). The remedy dates from 1948, when the original ‘oppression remedy’ was enacted in the UK. (Companies Act 1948(UK).
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Directors in Australia have a responsibility to ensure their company maintains a corporate culture that complies with the law. The Australian corporate regulatory framework is constantly being refined and strengthened and has been one of the secrets to the resilience of Australian capital markets and public corporations when global markets and international companies have faltered and.
I have been asked to chair the 3rd Annual Contracts Conference at Legalwise Seminar next Monday. I will also be presenting a paper at the first session on “Good Contract Drafting: Costs, Consistency, Formatting and Variations.” Come along if it’s not too late or ask Legalwise for a copy of the paper. I am also.