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OUR PUBLICATIONS

Relocating your gaming room

By Bruce Gotterson

This article appeared in the February 2018 issue of Club Life. Clubs undertaking renovations to their premises need to consider the requirements of the Gaming Machines Act if the renovations involve a temporary or permanent relocation of the club’s gaming room. Moving a gaming room will require the club to apply for the approval of

Consistent Inconsistencies

By Bruce Gotterson

This article appeared in the December 2017 issue of Club Life. In the age of Google and Wikipedia there is a growing view that information and answers should be easy and instant and we all should be able to do everything ourselves. We are all guilty of it, the other day my dishwasher filled with

When has a director vacated office?

By Bruce Gotterson

This article appeared in the November 2017 issue of Club Life. In last month’s column I dealt with the uncertainty which clubs face from time to time in relation to whether a director has vacated his or her office by focusing on directors who fail to attend board meetings. This month I want to talk

When is Estrangement Disentitling Conduct?

By Daniel Fleming

The issue of what amounts to disentitling conduct in the case of an estranged parent and an adult child was recently discussed in Larkin v Leech-Larkin

When has a director vacated office?

By Bruce Gotterson

This article appeared in the September 2017 issue of Club Life. A few years ago, we wrote about the uncertainty which clubs face from time to time in relation to whether a director has vacated his or her office.  I was recently asked about this issue and it prompted me to write about it again.

Is a club allowed to advertise its gaming machines to members?

By Bruce Gotterson

This article appeared in the August 2017 issue of Club Life. The Club Law article published in August 2015 considered some of the risks for clubs relating to gaming machine advertising. This included a brief consideration of the limited circumstances in which a club may send promotional material containing gaming machine advertising to a member

All About AGMs

By Bruce Gotterson

This article appeared in the July 2017 issue of Club Life. With another round of Annual General Meetings (AGMs) coming up in August through to November, I thought it timely to write about some of the questions I often get asked concerning AGMs. When does a club have to hold an AGM? The 90 plus

Club secretaries and the law

By Bruce Gotterson

This article appeared in the June 2017 issue of Club Life. In a recent decision, the Independent Liquor and Gaming Authority (ILGA Board) considered some of the important requirements under the Registered Clubs Act in relation to a club secretary. If these requirements are not complied with by a club or its secretary, the ILGA

Managing Bad Debtors

By Daniel Fleming

With whom are you contracting? An essential and sometimes overlooked aspect of commercial relationships with clients or customers is identifying exactly who the client or customer is. A person or a company may register a business name under which the person or company trades. However, a business name is simply a name and not a

Debt recovery and unfair preferences

By Daniel Fleming

What are unfair preferences? An unfair preference is defined in section 588FA of the Corporations Act 2001 (Cth) as a transaction between a company and a creditor which results in the creditor receiving from the company, in respect of an unsecured debt that the company owes to the creditor, more than the creditor would receive

Protecting small business against unfair contracts

By Leonie Kyriacou

It is estimated that there are 2.1 million small businesses in Australia.  ACCC research estimates that those businesses are offered about 8 “standard form contracts” each year.  For the most part, those contracts are offered to the small businesses on a “take it or leave it” basis. Even if there was an opportunity for a

No Waiver Clauses

By Bruce Gotterson

This article appeared in the May 2017 issue of Club Life. I recently wrote about “Entire Agreement” clauses, a common clause found in the types of commercial agreements entered into by clubs. This article considers another common clause in commercial agreements – the “No Waiver” clause. Waiver of Rights No Waiver clauses are relevant when