by Cameron Shaw | Jun 13, 2024
So I’m a Third Party Guarantor… Where a bank will only lend money to a borrower if a third party provides a guarantee, the banks will not advance the loan unless that third-party guarantor obtains independent legal advice. This is commonly the case where...
by Cameron Shaw | Apr 30, 2024
Case Note – Sue for Specific Performance or Termination for Breach of an Essential Term – don’t get fooled that each 5% clause is the same as the next! Alexakis v Wan [2021] NSWCA 172 (11 August 2021) The decision is a decision of the NSW Court of...
by Cameron Shaw | Apr 30, 2024
Case Note – Calculation of Damages for Breach of Contract Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 (12 February 2009) The decision was a joint decision of the High Court comprised of FRENCH CJ, GUMMOW, HEYDON, CRENNAN AND KIEFEL JJ and...
by Cameron Shaw | Nov 25, 2020
Generally, an employer is NOT allowed to deduct from an employee’s wages unless they are authorised by the employee, the modern award or by a Commonwealth law. The deductions that are allowed are specified under section 324 of the Fair Work Act 2009 (Cth) (‘the Act’)....
by Cameron Shaw | May 11, 2018
Given the scope of company law and breadth of varying divergence between majority and minority shareholders, let us consider the most common disputes whereby the company’s affairs are contrary to the interests of its members or are oppressive, unfairly prejudicial or...
