December 9, 2020

Awarding Costs in Litigation

Awarding Costs in Litigation Litigation can be both a time consuming and costly exercise. In some legal disputes, you might end up being liable for not only your own legal costs but also the costs of the opposing party. As such, it is important to have an understanding of the […]
December 9, 2020

I was just having fun – rights and responsibilities at the office Christmas party

I was just having fun – rights and responsibilities at the office Christmas party There are many stories in the media about inappropriate behaviour at work functions – the more public the ‘offender’, the more likely the incident will attract ongoing attention. Work Christmas parties provide a great opportunity to […]
December 9, 2020

Consequences of sharing company secrets with competitors

Consequences of sharing company secrets with competitors Employees have a duty of confidentiality and good faith to their employers and employers have a right to ensure that company information is not misused or wrongfully disclosed. But what happens when a company’s information is ‘stolen’ and ends up in the hands […]
October 30, 2020

Removing a nominee director

Removing a nominee director When forming a company, certain documents are prepared which will be pivotal to its existence. Once registered, the replaceable rules contained in the Corporations Act 2001 (Cth) may be adopted or a constitution specially prepared to govern the operations of the company. A shareholder agreement may […]
October 30, 2020
When post-employment restraints are too broad

Avoiding Disputes About Alternative Dispute Resolution Clauses

Avoiding Disputes About Alternative Dispute Resolution Clauses Alternative Dispute Resolution clauses (ADR) have the potential to facilitate early resolution of disputes between parties without the need to resort to time consuming and expensive litigation. However, ADR clauses are often inserted in commercial contracts without proper attention and little consideration as […]
October 30, 2020

When post-employment restraints are too broad

When post-employment restraints are too broad The Victorian Court of Appeal recently revisited the enforceability of restraint clauses in employment contracts. Just Group Limited (ACN 096 911 410) v Nicole Peck [2016] VSCA 334 considered an appeal from a Supreme Court decision (Just Group Limited v Peck [2016] VSC 614) […]
September 24, 2020

When is a loan payable on demand?

When is a loan payable on demand? Many of us have helped a family member or friend before by providing an interest-free loan. Although the loan is not intended to be a gift, the details may not have been formalised and there may be no stipulation as to when and […]
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 […]
September 24, 2020

How to keep your legal costs down – our top tips

How to keep your legal costs down – our top tips If your business is involved in a commercial dispute, your biggest concerns are likely to be the financial losses that your organisation and its officers could suffer, and the size of your legal bill. Commercial disputes can be disruptive, […]
July 29, 2020

Alternatives to Bankruptcy

Alternatives to Bankruptcy You may know someone who is having difficulty managing their financial affairs and has debts and liabilities which they cannot meet. They may be considering declaring themselves bankrupt. Before they do so, consideration should be given to some alternatives which are available aside from becoming bankrupt and […]
July 29, 2020

Can I be sacked for breaching company policies?

Can I be sacked for breaching company policies? The circumstances unique to each case must be considered in determining whether it is lawful to terminate an employee for conduct that contravenes company policy. Generally, however, if a breach of policy results in unlawful conduct such as bullying, harassment or discrimination, […]
July 29, 2020

Competing creditor claims over assets of insolvent trustees

Competing creditor claims over assets of insolvent trustees The High Court of Australia has confirmed the status of priority creditors prescribed by s 433 of the Corporations Act 2001 (Cth) incidental to the winding up of a trading trust –  Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA […]