Buying a Franchise – things you should know Buying or starting a business can be overwhelming. There is a lot to consider – the most suitable structure for your business, the financial and taxation implications and ensuring from the start that you are placed in the best position for future […]

Time Limits for Commencing Proceedings Parties need to keep in mind the time limits for commencing Court action otherwise they could be prevented from making a claim and face the risk of having their action extinguished.   What are limitation periods? The law imposes time limits, known as limitation periods, […]

Making an Application to Set Aside a Default Judgment Have you recently found out that there is a default judgment against you? If so, it is not too late. There are steps which you can take to set aside the default judgment and defend the claim against you.   What […]

Rights of an unsecured creditor of a Company in liquidation Once a company is placed into liquidation, a liquidator will be appointed to manage the affairs of the company and the process of the liquidation. The liquidator’s role is to manage the affairs of the company for the benefit of […]

The role of an expert witness in a commercial dispute Engaging an expert witness for your commercial dispute can be critical to ensure the success of your legal case. It is important to understand the role of an expert witness in a commercial dispute so you can get the best […]

Have you been served? Responding to a Subpoena to Produce A subpoena to produce is a court document used to compel a third party (who is not party to a legal action) to produce documents to the Court relevant to issues in dispute between litigating parties. Essentially, a subpoena is […]

Settling Legal Disputes Calderbank Letters and Offers of Compromise Costs in legal disputes can quickly escalate. There is benefit in all parties seeking to compromise their differences, rather than agitate their dispute through the Court system. The Courts recognise a number of initiatives which promote early settlement of claims. In […]

Awarding Costs in Litigation Litigation can be both a time consuming and costly exercise. In some legal disputes, you might end up being liable for not only your own legal costs but also the costs of the opposing party. As such, it is important to have an understanding of the […]

I was just having fun – rights and responsibilities at the office Christmas party There are many stories in the media about inappropriate behaviour at work functions – the more public the ‘offender’, the more likely the incident will attract ongoing attention. Work Christmas parties provide a great opportunity to […]

Consequences of sharing company secrets with competitors Employees have a duty of confidentiality and good faith to their employers and employers have a right to ensure that company information is not misused or wrongfully disclosed. But what happens when a company’s information is ‘stolen’ and ends up in the hands […]

Removing a nominee director When forming a company, certain documents are prepared which will be pivotal to its existence. Once registered, the replaceable rules contained in the Corporations Act 2001 (Cth) may be adopted or a constitution specially prepared to govern the operations of the company. A shareholder agreement may […]

Avoiding Disputes About Alternative Dispute Resolution Clauses Alternative Dispute Resolution clauses (ADR) have the potential to facilitate early resolution of disputes between parties without the need to resort to time consuming and expensive litigation. However, ADR clauses are often inserted in commercial contracts without proper attention and little consideration as […]