March 20, 2020
Alternative Dispute Resolution Explained Litigation can be a costly and time consuming process and parties are increasingly seeking alternative forms of resolving disputes. This article provides an overview of the main types of alternative dispute resolution (ADR) and their respective benefits and limitations. What is ADR? The term ADR […]
March 20, 2020
How an ABN clerical error cost a company $23 million The Personal Property Securities Act 2009 (Cth) (PPSA) provides a national framework for registering interests in personal property. These interests are recorded on a central register known as the Personal Property Securities Register (PPSR). Registration on the PPSR is an […]
January 20, 2020
“Without Prejudice” Privilege: Are your rights protected? You may have seen the words “without prejudice” appear on legal correspondence. In this article we look at what those words mean and how they can help you in settlement negotiations. What is “without prejudice”? At common law, communications between parties (both […]
January 20, 2020
The financial risk in giving personal guarantees in leases If you are a director of a company entering a commercial or retail lease, a landlord will likely require you to give a personal guarantee for the company’s obligations under the lease. In such cases, directors should fully comprehend the extent […]
October 11, 2019
Unfair Contracts Update – are you complying with the law The Unfair Contract Terms Regime (UCT Regime) was extended to cover standard form contracts entered into with ‘small business’ in November 2016. The Regime is fully operational and has a significant impact on the way Australian businesses contract with each […]
October 11, 2019
Leave to proceed against a company in liquidation The insolvency of a company often leads to its liquidation whether instigated voluntarily or by court order. A liquidator is appointed to ascertain and bring in company assets (if any) and convert those assets into cash for distribution amongst the company’s creditors […]
October 11, 2019
The scope of fiduciary duties as a director once you resign A director is a fiduciary of the company and must act in good faith and in the company’s best interests. The personal interests of a director must not conflict with those of the company. These duties arise in equity, […]
September 2, 2019
Minimising directors’ liability – deeds of insurance, access and indemnity Company directors have many responsibilities when carrying out their duties. Generally, company directors and officers are not personally liable for a company’s debts. Certain circumstances however can arise where directors may find themselves facing legal or other regulatory action exposing them to […]
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 […]