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Mediation vs. Arbitration: Which is Right for a Business Dispute?
Mediation and arbitration are two key methods of resolving business disputes without resorting to the courtroom. Both options offer a faster, more cost-effective path to resolving disagreements, but they operate under different principles and can yield very different outcomes. Understanding the nuances of each can help you select the most appropriate approach for your situation. […]
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How To Avoid Disputes With Your Business Partner? – The Importance Of Shareholder Agreements
By Anna Thompson, Legal Assistant Starting and running a successful business requires much planning and consideration. Often, multiple stakeholders are involved, each with their own interests and expectations. To ensure your business is protected and is run as smoothly as possible, it is imperative to have a well-drafted shareholders agreement. What is a Shareholders Agreement? […]
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Deceased Estates – What Happens When Executors Don’t Agree?
When someone dies, their assets are usually distributed according to their will. The person responsible for managing and distributing these assets is the “executor” of the deceased estate. In some cases, a will appoints more than one person to act as executor, and these individuals normally need to work cooperatively to execute the duties of […]
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Managing Commercial Disputes – Key Steps and Processes
A commercial dispute occurs when two or more parties have a disagreement in relation to a business matter. While the subject of a commercial dispute varies, many arise due to a party’s alleged failure to perform contractual terms and conditions, which is why it is important to always seek legal advice before signing a business […]
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Important update for financially distressed businesses and their creditors – Statutory Demands
Important update for financially distressed businesses and their creditors – Statutory Demands At the outset of the pandemic in March 2020, the Australian Federal Government passed a Coronavirus Economic Response Package which included temporary measures to alleviate some of the financial hardship faced by many businesses and provide some safeguards to help them survive and […]
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Beware: Informal lease negotiations can create binding agreements
Beware: Informal lease negotiations can create binding agreements An email can be enough to lock you into an agreeement – even without a formal contract being signed. A lease is a legally binding contract that gives you certain rights to a property for a set term. A written commercial lease is used when leasing property […]
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The benefits of mediation in a commercial dispute
The benefits of mediation in a commercial dispute Lawyers are often stereotyped as being interested in prolonging an expensive Court action. More often the opposite is true. Lawyers know that Court cases are expensive and that clients are fearful that legal costs could escalate to an intolerable level. Lawyers interested in preserving long standing relationships […]
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What you need to know about Domestic Building Dispute Resolution Victoria
The Building Legislation Amendment (Consumer Protection) Act 2016 (Vic) introduced significant changes to the building industry, intended to enhance consumer protection through stricter regulation and enforcement provisions. The first stages of reforms were actioned in July and September 2016. This article explains the final phase of the reforms which commenced in July 2017 and which […]
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How to find the right lawyer in a Commercial Dispute case
If your business or one you know (or an individual) is facing litigation, either because another party is threatening it, or because you feel you have a right to take action, what do you do first and where do you seek help? It has been said that litigation is a game in which the court […]
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