March 26, 2019

Termination by Electronic Media – Pitfalls and Best Practice

Termination by Electronic Media – Pitfalls and Best Practice The rise in the use of technology means the way we can communicate with each other in our personal and working lives has expanded, almost beyond belief. The ways in which termination of employment can occur have also expanded, but is […]
March 26, 2019

A Franchise Agreement explained

A Franchise Agreement explained Since the early 1970’s buying and operating a franchise business has become an increasingly popular way for many Australians to own and operate their own business. Initially franchising in Australia almost always involved a foreign parent company or brand. However, today the majority of franchise businesses […]
March 26, 2019

Vendor Finance in Business Transactions

Vendor Finance in Business Transactions Sellers (vendors) and purchasers of a business sometimes enter into a transaction which involves Vendor Finance. The vendor provides some of the funding required by the purchaser to buy the business – usually the purchaser pays a deposit or portion of the purchase price and […]
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 […]
October 15, 2018

Serving a Statutory Demand: Guidelines for Creditors

Serving a Statutory Demand: Guidelines for Creditors A statutory demand is a useful way to pressure a company to pay its debts. However, a creditor using a statutory demand to quickly recover a debt can run into trouble if the legal requirements for service of the statutory demand are not […]
October 15, 2018

How effective are your Post Employment Restraints?

How effective are your Post Employment Restraints? Much damage can be done to a business where an executive or senior manager resigns taking valuable customer information and confidential information.  Restraint of trade clauses, or post-employment restraints, play a crucial role in protecting the legitimate interests of the employer. In order […]
October 15, 2018

Business Structures: Company

Business Structures: Company 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 companies – how to set one up and the pros and cons of a […]
August 24, 2018

What is an Agreement to Lease?

What is an Agreement to Lease? When renting business related property it is important for both landlords and tenants to understand the relationship they are entering into and the rights and obligations that they each have, the document that governs this relationship is usually a Commercial Lease. A Commercial Lease […]
August 24, 2018

An Overview of Guarantees and Indemnities

An Overview of Guarantees and Indemnities It is important that anyone who is asked to provide a guarantee or indemnity understands precisely what their liabilities are under the arrangements. In this article, we identify the distinguishing features of both guarantees and indemnities and consider the significant differences between the 2 […]
July 23, 2018

Does your employment contract measure up?

Does your employment contract measure up? If you are entering into an employment contract do you know what should be included? If you are an employer and using an old contract, should it be reviewed first? It is clear contracts should be individually structured to meet the needs of those […]