October 11, 2019

Unfair Contracts Update – are you complying with the law

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

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

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

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

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

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

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
ASIC Section 19 Notice What To Do

Are you a director and ASIC wants to meet?

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

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

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 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 […]