March 10

Plain English drafting hints

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

February 28

ACCC v Bytecard Pty Limited and its implications

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.

February 28

Deeds and Documents Under Seal Some observations

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.

February 28

Corporate Risk Governance and Risk Culture

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.

February 28

Minority Shareholders have the right not to be oppressed

“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).

February 27

Lawyers are indispensable in building tomorrow, today

Lawyers are indispensable in building tomorrow, today

“Information now flows like water, and we must learn how to tap into its stream…accessing it and synergistically networking with others to shape serendipity to increase the likelihood of positive chance encounters….transform your teams to adapt to the networked world of information and intellect…. In this revolutionary book, ‘The Power of Pull: How Small Moves,.

February 24

It’s a crime to be blasé about corporate governance in Australia

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.

January 31

Can Aussie’s catch the next big tech wave of the future?

Can Aussie’s catch the next big tech wave of the future?

‘The first industrial revolution mobilised the mechanization of production using water and steam power. The second industrial revolution then introduced mass production with the help of electric power, followed by the digital revolution and the use of electronics and IT to further automate production.’ Now we are about to catch the next big wave of.

March 31

Good Contract Drafting; An Artform

Acting for a client in a commercial matter is one of the highest privileges a lawyer can be given. It allows you to fully engage with your client’s vision and make the deal a reality. You can add your commercial acumen to your reservoir of legal and academic knowledge and your experiences generally to create.

March 28

Is Investment Risk Different to Legal Risk?

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.