Keep up to date with the latest news from FNL.

Access to crowd-sourced funding for proprietary companies in the pipeline

Shannon Ryan (Director) and Andrew Tsirikis (Solicitor)

Crowd-sourced funding (CSF) involves a company raising funds from a large number of individual investors who make relatively small financial contributions to the company. The Corporations Amendment (Crowd-sourced Funding) Act 2017 which is due to commence on 29 September 2017 currently only allows unlisted public companies to engage in CSF as a means of fundraising….

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The implications of an employer’s conduct on restraint of trade clauses

Alan Foster (Director) and Gerard Maxted (Solicitor)

Restraint of trade clauses are common in employment contracts today. Simply put, they restrain the ability of employees to compete with their employers upon termination of their employment. However, critically, the recent decision of the Victorian Court of Appeal in Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSCA 181 involved a comprehensive review of the authorities…

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Liquidated damages clauses and unenforceable penalties

Alan Foster (Director) and Andrew Sarraf (Senior Associate)

In many commercial contracts, parties seek to agree liquidated damages amounts or formulas to determine such amounts resulting from any breach, which are meant to be a genuine pre-estimate of the loss that would be suffered by the non-defaulting party as a result of the breach. In Australia, the law of contract upholds the freedom…

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