The HCA has in October 2015, clarified the previously confused position as to the role of extrinsic facts in construing a commercial contract.  In Mount Bruce Mining Limited v Wright Prospecting Pty Ltd [2015] HCA 37 at [48] the plurality of the Court stated with respect to construing contracts (emphasis added):

Acquiring a franchised business (whether an existing business or a new business) can be an exciting prospect, but that should not cause you to overlook the importance of carefully considering all aspects of the new business venture, and how that may affect you moving forward.

A commonly asked question by leasing agents negotiating commercial property lease agreements on behalfof the Landlord is “how binding is an Offer to Lease document”?

One of the key decisions you will make when starting a business is the structure of the company. It’s important to choose the correct structure for the type of business you are undertaking as this can ensure future success and a smooth transition from small business to large corporation if necessary. It’s also wise to consider the succession…

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