February 18, 2019

A Guide to Shareholder Agreements

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

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

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?

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

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!

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 […]
November 4, 2018

Business Structures – Trusts

Business Structures – Trusts When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. Different business structures have different benefits and disadvantages. This article looks at trusts – how to set up a trust and the pros and cons […]
June 1, 2018

Trade Marks in Australia

Trade Marks in Australia The advantage of registering a trade mark is that it confers far more benefits than registering a business name, company name or domain name. Marketing is an important business tool, and a registered trade mark is crucial in allowing you to protect any value or credibility […]
June 1, 2018

Employee or Contractor – do you know the difference?

Employee or Contractor – do you know the difference? It’s important for all businesses to have systems in place to determine whether workers should be classified as employees or independent contractors, as tax, super and other government obligations are different depending on whether the working arrangement is employment or contracting. […]
June 1, 2018

Commercial leases – Responsibility for repairs and maintenance

Commercial leases – Responsibility for repairs and maintenance A commercial lease is a legally binding contract that gives a tenant certain rights over a property for a set period of time subject to the terms and conditions set out in the lease. A commercial lease is used when leasing property […]
April 29, 2018

Fair Work Commission Anti-Bullying Orders explained

Fair Work Commission Anti-Bullying Orders explained The Fair Work Commission has powers to make anti-bullying orders when a worker has been bullied by an individual or group and there is a risk that the worker will continue to be bullied at work by the individual or group. The Commission does […]
April 29, 2018

Starting a business – an overview of common business structures

Starting a business – an overview of common business structures There are 4 main types of business structures for doing business in Australia, each with their own advantages and disadvantages. A person can carry on business as a sole trader, partnership, trust and company. The choice of business structure is […]