September 24, 2020

What happens to employee entitlements when a business is sold?

What happens to employee entitlements when a business is sold? There is much to consider when buying or selling a business. Of significant importance is, what happens to the employees of the enterprise once it is sold? The sale of a business can be a curious time for existing employees […]
March 20, 2020
Can company directors divert business opportunities

Can company directors divert business opportunities?

Can company directors divert business opportunities? A director’s position in a company is one of power and trust. As a consequence, a director has a duty to act in good faith and in the best interests of the company. A director’s obligations are determined by statute under the Corporations Act […]
February 20, 2020
Privacy Act update - mandatory notifiable data breaches

Privacy Act update – mandatory notifiable data breaches

Privacy Act update – mandatory notifiable data breaches The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) introduced a Notifiable Data Breaches scheme in Australia which commenced in 2018. The reforms aim to strengthen Australia’s privacy laws by requiring entities subject to existing obligations under the Privacy Act 1988 (Cth) […]
February 20, 2020
You have a judgment in your favour

You have a judgment debt in your favour – now what?

You have a judgment debt in your favour – now what? If you have obtained a judgment from a Court or Tribunal in your favour with respect to a debt owed to you, you are known as a judgment creditor. The person or business who owes the debt is known […]
February 20, 2020

Beware: informal negotiations can create binding agreements

Beware: informal negotiations can create binding agreements A lease is a legally binding contract that gives you certain rights to a property for a set term. A written commercial lease is used when leasing property used primarily for a business. You should never sign a lease without understanding all of […]
January 20, 2020

A Franchisor must get forecasting right

A Franchisor must get forecasting right Since the early 1970’s buying and operating a franchise has been an increasingly popular way for many individuals to own and operate their own business.   Franchising Code of Conduct Under Australian Law all Franchisors and Franchisees are now required to comply with the […]
September 2, 2019

Insolvency and the right to terminate contracts

Insolvency and the right to terminate contracts Reforms to insolvency laws which commenced on 1 July 2018 prevent contracting parties from relying on certain termination clauses in commercial contracts. The ipso facto regime aims to give companies facing financial difficulties an opportunity to trade their way out of their predicament […]
September 2, 2019

The benefits of mediation in a commercial dispute

The benefits of mediation in a commercial dispute Lawyers are often stereotyped as being interested in prolonging an expensive Court action. More often the opposite is true. Lawyers know that Court cases are expensive and that clients are fearful that legal costs could escalate to an intolerable level. Lawyers interested […]
December 19, 2018

If an Employer breaches an employment contract can its restrictions be enforced?

If an Employer breaches an employment contract can its restrictions be enforced? Employment contracts often contain restraint of trade clauses seeking to restrict employees from engaging in certain conduct that may adversely affect the business. Although restraint provisions apply during and after the employment relationship, they are most frequently tested […]
November 4, 2018

How to find the right lawyer in a Commercial Dispute case

How to find the right lawyer in a Commercial Dispute case If your business or one you know (or an individual) is facing litigation, either because another party is threatening it, or because you feel you have a right to take action, what do you do first and where do […]
August 24, 2018

Directors’ Responsibilities – a Guide

Directors’ Responsibilities – a Guide A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’).The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders.It can enter into contracts, sue and be sued in its individual right. The Australian Investment and […]
February 20, 2018

Introduction to Intellectual Property for business

Introduction to Intellectual Property for business Intellectual property (IP) is the property of your mind or proprietary knowledge and can be an invention, a trade mark, a design or the practical application of your idea. It is important that you understand how to protect IP as it is a valuable […]