Stubbings v Jams 2 Pty Ltd (2022) HCA 6 – Implications for Guarantees and Unconscionable Conduct What is a guarantee? The term ‘guarantee’ attracts a level of ambiguity. It is not always clear what the legal implications of a guarantee are beyond the notion that it involves making an assurance, generally in the circumstance of...
Buying a business? If you are looking at buying a business or are in the process of buying a business, then there are a multitude of things you will need to consider. Not only should the typical pre-purchase due diligence enquiries be made, but some more in-depth matters (which are often glossed over or forgotten...
A warranty is a voluntary promise made by a supplier of goods or services to an individual. This promise can be recognised as a right at law and enforceable by the individual (“consumer”) under the Australian Consumer Law (“ACL”) legislation. It is important to understand that consumers are automatically entitled to ‘guarantees’ under the ACL,...
![Price v Spoor [2021] HCA 20 – CONTRACTING OUT OF STATUTORY LIMITATION PERIODS](https://www.affinitylawyers.com.au/app/uploads/2021/09/Conact-and-Statute-of-Limitations-300x300.jpg "Price v Spoor [2021] HCA 20 – CONTRACTING OUT OF STATUTORY LIMITATION PERIODS")
The High Court has confirmed that in some circumstances parties may contract out of statutory limitation periods, which in this instance was the Limitation of Actions Act 1974 (Qld). This matter related to a mortgage, with the mortgagee filing proceedings in 2017, for unpaid amounts around 4 million that were due many years before on...
We are pleased to announce that the managing director of Affinity Lawyers, Angus Gordon, has taken up the position of President of the Gold Coast North Chamber of Commerce https://gcncc.org.au/. Mr Gordon states that “in one of the most uncertain times for the Gold Coast local community, it was a pleasure to be able to...
Who is a foreign acquirer? If you are looking to purchase a residential property in Queensland, you should consider you fall are considered a ‘foreign acquirer’. The description of a ‘foreign acquirer’ includes a person who does not ordinarily reside in Australia, does not hold the relevant permanent Visa or who is not an Australian...
As the world evolves into a more online digital age, the use of electronic signatures are becoming more and more prevalent, and in today’s COVID impacted marketplace, and with the assistance of relatively secure digital platforms, we anticipate that it will, become the new normative in all industries, from real estate to automotive contracts, tenders...
A possible point of failure in start-ups is an inattention to the legal relations of the involved parties, e.g. those between multiple cofounders, those between founders and investors, and those between the business and consumers. The common theme with these agreements is that they all, in some way, should protect the financial interests of start-ups...
Changes to company operations are at the forefront of the Government’s agenda with the recent release of a draft bill, which proposes to allow companies to benefit from provisions in the Electronic Transactions Act 1999, which had previously been restricted. When the Corona virus pandemic began to sweep through Australia, the Government swung into action...
In the same way that an individual can become bankrupt for failing to pay money when due, a company can be brought to a commercial end by being wound up for failing to pay its debts so it is vitally important if you run a company that you are aware of what a statutory demand...
