News

New Anti-Phoenixing Provisions Introduced by Commonwealth Parliament

By Krisha Reddy, Law Clerk and Alicia Hill, Principal, MST Lawyers On 17 February 2020 the new Treasury Law Amendments (Combating Illegal Phoenixing) Act 2020 (Cth) (Act) was given royal assent. The Act amends the Corporations Act 2001 (Cth) (Corporations Act) and various GST and Tax Acts to increase the level of accountability of company…

The Coronavirus (COVID-19): How the Pandemic may affect contracting and businesses

Nicole Flory, Lawyer MST Lawyers, Evelyn Marcou, Senior Associate, MST Lawyers and  Philip Colman, Principal, MST Lawyers, Raynia Theodore, Principal, MST Lawyers Introduction On 11 March 2020, in an unprecedented move, the World Health Organisation (WHO) declared the Coronavirus (COVID-19) a pandemic. As COVID-19 continues to spread globally, governments, businesses and other organisations alike are…

New Automotive Section in Franchising Code of Conduct

By Raynia Theodore, Principal The Federal Government has recently announced proposed changes to the Franchising Code of Conduct (“the Code”) that will introduce provisions relating directly to New Vehicle Dealership Agreements. The changes will introduce Divisions 5 and 6 to the Code, regulating end of term obligations, capital expenditure requirements and the resolution of disputes…

No Representations as to Capacity Implied Into Contractual Terms

By Benjamin Caddaye, Law Clerk and Alicia Hill, Principal, MST Lawyers This month’s article reports on the New South Wales District Court decision in Lee v Passiontree Velvet Pty Ltd & Ors [2019] NSWDC 710. This decision concerned a franchisee that had entered into two agreements with the franchisor for repayment of his franchise fee…