November 6, 2019

Can an employee’s knowledge be attributed to the company?

Can an employee’s knowledge be attributed to the company? Commonwealth Bank of Australia v Kojic [2016] FCAFC 186 considered whether the conduct of two bank employees could be ‘aggregated’ to bring a finding of unconscionable conduct on the part of the bank under the (previous) Trade Practices Act 1974. The […]
November 6, 2019

Disputes and the Australian Taxation Office

Disputes and the Australian Taxation Office Given the complexity of the taxation regime and the requirement for taxpayers to initially self-assess their liabilities, disputes between taxpayers and the Australian Taxation Office (ATO) will inevitably arise from time to time. If you disagree with a decision that the ATO has made […]
November 6, 2019

The risks in referring to unattached documents in an agreement

The risks in referring to unattached documents in an agreement It is not unheard of for parties to an agreement to refer, in the agreement itself, to additional documents. These additional documents are sometimes, although regrettably, not always annexed or attached to the actual agreement. In adopting this course of […]
October 11, 2019

Unfair Contracts Update – are you complying with the law

Unfair Contracts Update – are you complying with the law The Unfair Contract Terms Regime (UCT Regime) was extended to cover standard form contracts entered into with ‘small business’ in November 2016. The Regime is fully operational and has a significant impact on the way Australian businesses contract with each […]
October 11, 2019

Leave to proceed against a company in liquidation

Leave to proceed against a company in liquidation The insolvency of a company often leads to its liquidation whether instigated voluntarily or by court order. A liquidator is appointed to ascertain and bring in company assets (if any) and convert those assets into cash for distribution amongst the company’s creditors […]
October 11, 2019

The scope of fiduciary duties as a director once you resign

The scope of fiduciary duties as a director once you resign A director is a fiduciary of the company and must act in good faith and in the company’s best interests. The personal interests of a director must not conflict with those of the company. These duties arise in equity, […]
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 […]
September 2, 2019

Minimising directors’ liability – deeds of insurance, access and indemnity

Minimising directors’ liability – deeds of insurance, access and indemnity Company directors have many responsibilities when carrying out their duties. Generally, company directors and officers are not personally liable for a company’s debts. Certain circumstances however can arise where directors may find themselves facing legal or other regulatory action exposing them to […]
July 31, 2019

Franchisors must act in good faith and reasonable cause

Franchisors must act in good faith and reasonable cause A franchise operates within an existing business structure that gives the franchisor discretion to implement strategies, introduce new products and set prices for the ‘branded’ goods or services. These commercial decisions however must be exercised in ‘good faith and reasonableness’. The […]
July 31, 2019

Interview questions you can’t ask

Interview questions you can’t ask An employer’s potential liability for workplace discrimination arises before the first interview and exists whether or not a decision is made to hire a person. A job interview is integral to the recruitment process and provides an opportunity for the employer to ask questions, check […]
July 31, 2019

A Step by Step Guide to the Litigation Process

A Step by Step Guide to the Litigation Process If you are a small business owner, there is a good chance that at some point you will consider suing someone to recover a debt, seek damages for a breach of contract or to resolve an employment dispute. If you are […]