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 […]
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

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 […]
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 […]