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 […]
February 20, 2018

Personal Property Security Register

Personal Property Security Register It is crucial that people who have a security interest in personal property take it seriously or risk losing their security interests. Many businesses are struggling to understand the implications of the Personal Property Security Register (PPSR). In this article we have provided a simple summary […]
February 20, 2018

Why you should read online terms and conditions

Why you should read online terms and conditions The rapid pace at which technology is progressing means more of us are ‘transacting’ in a global environment. International online contracts are common place for businesses and consumers – whether we are purchasing fashion accessories through online retail outlets, subscribing to industry-specific […]
January 1, 2018

Protecting your cashflow – the importance of your terms of trade

Protecting your cashflow – the importance of your terms of trade Terms of Trade are the terms and conditions on which a business sells goods and services to customers and on which they buy goods and services from suppliers. These terms form the basis for the trading relationships for all […]
January 1, 2018

Extension of the unfair contracts regime to small businesses

Extension of the unfair contracts regime to small businesses The Federal Government has enacted legislation extending the unfair contract term protections of the Competition and Consumer Act 2010 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth) to the small business sector. Under the new laws, a Court is […]
January 1, 2018

Time to review your credit card charges

Time to review your credit card charges Under the Competition and Consumer Act 2010 (Cth) businesses may be fined for excessive credit and debit card payment surcharges. A payment surcharge is defined as: an amount charged, in addition to the price of goods or services, for processing payment for the goods […]
October 20, 2017

Important things to consider when buying a business

Important things to consider when buying a business If you are considering buying a business there are many things you need to do from a legal, financial and general business perspective.  Getting the right advice from the start is important. The structure of, and issues involved in, the sale are […]