Establishing an Australian branch of an overseas business vs an Australian subsidiary company of an overseas business

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This article focuses on two frequently used methods for foreign companies to carry on business in Australia. Frequently, foreign companies do so either by establishing an Australian branch of their existing overseas business (i.e. it is the overseas business which trades in Australia) or, alternatively, the foreign company establishes an…

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Protection for small businesses against unfair contract terms : ss 23 – 28 of Schedule 2 to the Competition and Consumer Act 2010 (Cth)

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BACKGROUND Following public consultation processes, new laws[1] came into force on 12 November 2016 which extended existing consumer protection laws against unfair contract terms to “small business contracts” (e.g. business to business contracts). Under these laws, small businesses can also have an “unfair” term in a “standard form contract” declared…

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