Category: Commercial Disputes

What to do when your property settlement is at risk of falling apart?

8-July-2021 Commercial Disputes,Property By Jamal Bakalian

It is a truth universally acknowledged that buying and selling property is one of the life’s most stressful transactions. Everyone’s goal is to finalise the transaction with as little difficulty as possible – but what do you do when things go...

How to respond to a Security for Costs Order?

9-March-2021 Commercial Disputes By Jamal Bakalian

Are you the Plaintiff in an intensely litigated matter? Has the Defendant filed a Security for Costs order against you? Not sure how to respond? Senior Solicitor Jamal Bakalian shares some insights on this topic. Read on to find out more… In a...

Help! Am I a Contractor or Employee?

16-February-2021 Commercial Disputes By Jamal Bakalian

You may think that you have entered into a ‘contractor relationship’ to provide your services or expertise to an individual or a Company and that therefore you are not entitled to the same protections as regular employees. The good news is that in...

Do I Need A Shareholders’ Agreement?

10-September-2020 Commercial Disputes By Mark Streeter

Whilst not required by law, there are many benefits to having in place a shareholder’s agreement. This article asks five key questions to ask yourself before deciding whether having one in place is right for your business. 1. What is the relationship...

The weight of a handshake or verbal agreement – will it hold up in court?

19-August-2020 Commercial Disputes By Mark Streeter

Even after a firm handshake or a ‘gentleman’s agreement’ starting out with the very best of intentions, over time, disputes can and do regularly occur. A recent case in the District Court involved a party claiming they were owed more money than was...

What is an Unfair Preference and How Does It Affect Your Company?

14-August-2020 Commercial Disputes By Jamal Bakalian

Attention all Company Directors… has your company been the victim of an ‘unfair preference’? If yes or not sure, read on to find out how payments that your company made at a time when it was insolvent may be returned to you. You’ve appointed...

The Trust may be broken, but the benefits are not lost!

7-August-2020 Commercial Disputes,Estates By Jamal Bakalian

Stories of feuding trustees, beneficiaries and appointors are all too common and sadly, may prevent beneficiaries from receiving the benefit of the Trust. Although such a loss would understandably be the cause of much anxiety for beneficiaries, the good...

Everything you need to know about Shareholder Disputes in 2020

30-July-2020 Commercial Disputes By Jamal Bakalian

The year is 2020; the COVID19 pandemic has hit; uncertainty has plagued even the most stable of businesses. As a business owner and/or a Shareholder of a Company, we don’t have to tell you just how uncertain managing a business can be, nor do we have...

Virtual Meetings – Does the temptation to record them outweigh the risks?

7-July-2020 Commercial Disputes By Jamal Bakalian

Out with the old and in with the new: social distancing rules have moved meetings from the boardroom to a virtual platform via Microsoft Teams, Zoom, Webex, Go to meeting or Skype, but what does this mean for recording etiquette and privacy? With...

The Humble Subpoena – one of the most powerful pre-trial strategies…but also one of the most crippling if used incorrectly

4-June-2020 Commercial Disputes By Jamal Bakalian

Read on to find out how the decision in Vella v Organic Fertilisers (Leppington) Pty Limited [2020] NSWSC 669 recently decided by the Supreme Court of NSW on 21 May 2020 considered whether or not the Subpoena issued was truly appropriate or just...