Commercial Transactions Articles

We may all be frustrated with the COVID-19 (Coronavirus) crisis, but can it lead to frustration of contract, where either party may be entitled to terminate? It might. For example, if you bought a ticket to the football or a show, apart from getting the price of your ticket back, you can’t sue for loss… Read more »

A contract for the sale and purchase of a small business should not be completed unless a Vendor’s Statement, also known as a Form 2, has been provided to the purchaser. The Land and Business (Sale and Conveyancing) Act 1994 (“Act“) and the Land and Business (Sale and Conveyancing) Regulations 2010 (“Regulations“) set out the… Read more »

In most commercial transactions the parties will need to negotiate the terms before agreeing on the final details.  Successful contract negotiation is not just about who has greater bargaining power – it is also about research, planning and following some well recognised guidelines. Examples of these transactions include; shareholder agreements, partnerships dissolutions, commercial leases, the sale… Read more »

Lawyers Adelaide Beger & Co Lawyers Adelaide provide legal services in a wide number of areas.  These range through personal and business legal matters for our clients. Some of our more commonly requested legal services include: Wills and Estate Lawyers Adelaide A large part of our legal practice’s activity is acting as wills and estate… Read more »

When a lawyer draws a Deed describing an agreement between parties and how that agreement is to be carried out, the Deed will often follow a traditional format. First, the Deed will contain “Recitals” (sometimes styled as “Background” or “Objectives”) which set out the narrative or background to the agreement contained in the Deed. The… Read more »

Minutes of Company Meeting

by | Commercial Transactions

It is one thing to have a productive company board or committee meeting but the value is in the record that results from the meeting.  The record is noted by way of “Minutes” and needs to conform to the statutory obligations as set out in section 251A of the Corporations Act 2001. Minutes are fundamentally… Read more »

Recently, Beger & Co Lawyers acted for commercial tenants who were being evicted by their landlord because their lease arrangements were coming to an end.  Despite vigorous opposition by the landlord, our clients won a Court Order to extend their lease term so that they can stay in their shop for at least 5 years…. Read more »

Stamp Duty was abolished from all SA business transfers from 18 June 2015 but this is still (good) news for lots of people. In fact, SA stamp duty was abolished for transfers of all non-quoted marketable securities (shares in private companies), units in unit trusts and all non-real property (non-land) transfers which includes licences such… Read more »

When the average yield for a 3 bed house in Adelaide is around 4.5%, is it really possible to buy an average 3 bedder that grosses 15% or higher? Yes it is! But of course, there’s a unique business model behind this strategy. One of my long term clients, Melinda Mayne, bought a very ordinary… Read more »

If you have been thinking about starting a new business, now might be a great time with the introduction of a number of significant small business incentives set out in the Federal Budget for 2015/16 announced on 12 May 2015.   The tax incentives for new business start ups include: Small business tax rate cuts (the 2015/2016 tax… Read more »

Ostensible Authority

by | Commercial Transactions, Court Disputes

Ostensible authority of an agent is imposed by the law as a way of preventing a principal from repudiating a deal instituted by someone who appeared to have authority for that principal where it would be unconscionable to a third party to do so. If a principal (P) such as a corporation, partnership or an individual uses a person… Read more »

Access to Company Records

by | Commercial Transactions, Court Disputes

A company is a legal entity and is therefore considered for most intents and purposes as a separate ‘person’. As such, it retains rights of privacy over its financial records. However, certain persons have legal rights to such records: TYPES OF DISCLOSURE Large companies have to provide an annual report to members (shareholders). Public listed… Read more »

Illegal Contracts are Void

by | Commercial Transactions, Court Disputes

A Contract may be invalid for a number of technical or practical reasons but what of a contract that is completely valid according to normal contractual requirements but it is nevertheless void? This can happen with the contractual doctrine against illegality. Illegality often comes from a conflict between the terms of the contract and legislation…. Read more »

A ‘cooling off period’ is a short period of time in which the purchaser can back out of a contract. Cooling off rights and periods can be found in a number of contracts – from the purchase of a house or car, to domestic building contracts. However, cooling off periods differ from state to state,… Read more »

There are a number of reasons why one may want to sell or transfer the right to receive rental income from a leased property. They include: (1) The desire to convert the future rental payments into an upfront capital amount by selling the right to receive rental income; (2) estate planning purposes and the desire… Read more »