February 20, 2020
Privacy Act update - mandatory notifiable data breaches

Privacy Act update – mandatory notifiable data breaches

Privacy Act update – mandatory notifiable data breaches The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) introduced a Notifiable Data Breaches scheme in Australia which commenced in 2018. The reforms aim to strengthen Australia’s privacy laws by requiring entities subject to existing obligations under the Privacy Act 1988 (Cth) […]
February 20, 2020
You have a judgment in your favour

You have a judgment debt in your favour – now what?

You have a judgment debt in your favour – now what? If you have obtained a judgment from a Court or Tribunal in your favour with respect to a debt owed to you, you are known as a judgment creditor. The person or business who owes the debt is known […]
February 20, 2020

Beware: informal negotiations can create binding agreements

Beware: informal negotiations can create binding agreements A lease is a legally binding contract that gives you certain rights to a property for a set term. A written commercial lease is used when leasing property used primarily for a business. You should never sign a lease without understanding all of […]
January 20, 2020

“Without Prejudice” Privilege: Are your rights protected?

“Without Prejudice” Privilege: Are your rights protected? You may have seen the words “without prejudice” appear on legal correspondence. In this article we look at what those words mean and how they can help you in settlement negotiations.   What is “without prejudice”? At common law, communications between parties (both […]
January 20, 2020

The financial risk in giving personal guarantees in leases

The financial risk in giving personal guarantees in leases If you are a director of a company entering a commercial or retail lease, a landlord will likely require you to give a personal guarantee for the company’s obligations under the lease. In such cases, directors should fully comprehend the extent […]
January 20, 2020

A Franchisor must get forecasting right

A Franchisor must get forecasting right Since the early 1970’s buying and operating a franchise has been an increasingly popular way for many individuals to own and operate their own business.   Franchising Code of Conduct Under Australian Law all Franchisors and Franchisees are now required to comply with the […]
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, […]