July 31, 2019
Franchisors must act in good faith and reasonable cause A franchise operates within an existing business structure that gives the franchisor discretion to implement strategies, introduce new products and set prices for the ‘branded’ goods or services. These commercial decisions however must be exercised in ‘good faith and reasonableness’. The […]
July 31, 2019
Interview questions you can’t ask An employer’s potential liability for workplace discrimination arises before the first interview and exists whether or not a decision is made to hire a person. A job interview is integral to the recruitment process and provides an opportunity for the employer to ask questions, check […]
July 31, 2019
A Step by Step Guide to the Litigation Process If you are a small business owner, there is a good chance that at some point you will consider suing someone to recover a debt, seek damages for a breach of contract or to resolve an employment dispute. If you are […]
May 1, 2019
Are you a director and ASIC wants to meet? The Australian Securities and Investment Commission (ASIC) is the Government body appointed to regulate corporations, managed investment schemes and those involved in the financial services and credit industries. The breadth of ASIC’s regulatory powers is evident in the Australian Securities and […]
May 1, 2019
Understanding Unfair Dismissal Claims Unfair dismissal matters can be complex and frustrating for both employers and employees alike. Since the commencement of the Fair Work Act in 2009, employers have had expanded responsibilities to ensure they correctly terminate employees and more employees are able to successfully make unfair dismissal claims. […]
May 1, 2019
Business Structures: Partnership When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. In Australia, there are 4 common business structures – sole trader, partnership, trust and company. Different business structures have different benefits and disadvantages. This article looks […]
February 18, 2019
A Guide to Shareholder Agreements A company constitution is usually drafted in a standard format and does not provide protection for shareholders in the event of a dispute between them or where issues arise not covered by the constitution. A shareholder agreement, which properly outlines the steps to be taken […]
February 18, 2019
The Risks of Going Guarantor Has a family member asked you to provide a guarantee for their home loan or personal loan? If so, you need to be clear about your obligations under a contract of guarantee. What is a guarantee? If a lender is concerned about a borrower’s […]
February 18, 2019
Attention to Detail – Defects in Statutory Demands A statutory demand is a useful way to exert pressure on a company to force it to pay its debts. However, a creditor using a statutory demand to quickly recover a debt can run into trouble if the legal requirements regarding the […]
December 19, 2018
What are your options if your company is insolvent? If your company is in financial difficulty and heading towards insolvency, there are options available which allow a company to be guided through its financial distress. The best option for your company depends on the solvency of the company and the […]
December 19, 2018
The Use of Electronic Signatures on Legal Documents Although Ray Tomlinson is credited with inventing email as far back as 1972 if anyone then had suggested that in less than 40 years email and other electronic communications would be widely accepted as a way of transacting business their comments would […]
November 4, 2018
Do you know about Adverse Action claims? You should! It is not well known that the Fair Work Act provides that an employee has a “workplace right” if the employee is able to make a complaint or inquiry in relation to his or her employment. An employer contravenes the Act […]