Restraint of Trade Clauses can also be applied between businesses. This is often the case when one business is split into two businesses, or in Joint Venture Agreements where two businesses agree to co-operate on a project. A recent NSW Supreme Court Case involving flower wholesalers has shown how Restraint of Trade Clauses will not always be enforced by Courts. Read more
In a recent case a husband and wife were trying to have children by IVF. Five embryos were produced. One of the embryos was successfully implanted and the wife gave birth to a child. The remaining four embryos were frozen. Read more
In a recent Supreme Court case a man negotiated to purchase a property. It was agreed that the deposit was to be paid in two installments. Therefore, the contract included a clause that specified that the first installment was payable on exchange of contracts, and the second installment was to be paid "on the 4th month after the contract date". Read more
As our lives increasingly move to “online digital platforms”, it is becoming more important to help your executor access your “digital assets” after you die. Digital assets include social media accounts, shopping accounts, bank or investment account details, entertainment collections, gambling accounts, and the like. Read more
There was a man and woman who married and had a child. When the child was two years old, the mother and father decided to divorce. Their behaviour during the divorce was respectful. The period after the divorce was described as “harmonious”. It appeared as though the divorce had gone smoothly, and all parties could start their new lives. Read more
In a recent case, a landlord owned and operated a large shopping centre. The landlord engaged a security company to provide security for the premises. This security company sub-contracted the responsibilities to another security company who employed a man to guard the shopping centre. This man was made familiar with various manuals which covered his role and outlined responses to specific incidents like armed persons and robberies. Read more
Here are 5 things your business needs to know about its health and safety obligations to employees working from home: Read more
The last thing you need is for your business to do business with a “phoenix business”. Read more
Fidan Shevket of Fox & Staniland Lawyers is the only lawyer in Sydney’s North Shore to have been named as a finalist in the category of Family Law Partner of the Year at the Lawyers Weekly Partner of the Year Awards 2021. Read more
Not having a properly drafted contract is risky, particularly when the good faith on which the relationship was built disappears, and the relationship ends. That is when a clear and concise written agreement, which sets out the rights and obligations of the parties, is invaluable. Read more