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 […]
December 19, 2018

What are your options if your company is insolvent?

What are your options if your company is insolvent? If your company is in financial difficulty and heading towards insolvency, there are options available which allow a company to be guided through its financial distress. The best option for your company depends on the solvency of the company and the […]
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 […]
December 19, 2018

The Use of Electronic Signatures on Legal Documents

The Use of Electronic Signatures on Legal Documents Although Ray Tomlinson is credited with inventing email as far back as 1972 if anyone then had suggested that in less than 40 years email and other electronic communications would be widely accepted as a way of transacting business their comments would […]
November 4, 2018

Do you know about Adverse Action claims? You should!

Do you know about Adverse Action claims? You should! It is not well known that the Fair Work Act provides that an employee has a “workplace right” if the employee is able to make a complaint or inquiry in relation to his or her employment. An employer contravenes the Act […]
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 […]
November 4, 2018

Business Structures – Trusts

Business Structures – Trusts 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 trusts – how to set up a trust and the pros and cons […]