Director Identification Number

By |2021-10-13T00:02:05+00:00October 12th, 2021|COMMERCIAL LAW|

Company Directors will soon need to have a Director Identification Number (Director ID). This is being introduced to reduce the possibility of Directors having multiple registrations under different combinations of their given name, date of birth and/or place of birth. Every company in which a Director has been involved will appear on their Director ID. The Director ID requirements apply to companies, incorporated associations and [...]

High Court Clarifies Casual Employment

By |2021-09-16T05:45:27+00:00September 16th, 2021|COMMERCIAL LAW|

Casual employee classification has been subject of uncertainty for employers and has resulted in considerable litigation over the years where casual employees have claimed that they should receive entitlements as a permanent employee, particularly when the employee worked regular and predicable shifts over a long period of time. On 4 August 2021, the High Court of Australia handed down a landmark decision in WorkPac Pty [...]

Types of Business Structures – what suits you best?

By |2021-08-12T00:10:51+00:00August 12th, 2021|COMMERCIAL LAW|

During COVID we have seen various new companies coming to fruition.   Some of these have been months in the making and others are being created overnight.  It is very important that when creating these new companies you research and decide which business structure will suit you best. Understanding the legal obligations and issues that may arise when setting up a small business will ensure you [...]

Starting a New Job? Things you need to be aware of in your Employment Agreement

By |2021-06-25T01:57:29+00:00June 25th, 2021|COMMERCIAL LAW|

Starting a new job can be an exciting prospect, however you should ensure that you have read and fully understood any Employment Agreement issued by your employer before you go ahead and sign on the dotted line.    We have outlined some important terms to review in your Employment Agreement below. Simple Facts Although it may seem straight forward, it is important to ensure that [...]

Are you a Director? Do you know your obligations and responsibilities?

By |2021-05-20T00:29:29+00:00May 20th, 2021|COMMERCIAL LAW|

A director has an array of obligations or duties towards the company and its shareholders that must be adhered to pursuant to common law and statute. There are circumstances such as when the company is insolvent or is at risk of insolvency where duties are also owed to creditors and other members of the public. Obligations imposed by the Corporations Act 2001 (Cth) include: The [...]

Restrictions on claims in quantum meruit – the decision in Peter Mann & Anor v Paterson Constructions Pty Ltd HCA 32

By |2021-04-21T00:08:25+00:00April 15th, 2021|COMMERCIAL LAW|

The High Court's recent decision in Peter Mann & Anor v Paterson Constructions Pty Ltd HCA 32 has limited the circumstances in which a builder can bring a claim in quantum meruit. A claim by a builder or other contractor in quantum meruit is a claim for the reasonable value of work done. Prior to the decision in Mann v Paterson, if a builder chose [...]

The upcoming reforms to Unfair Contract Terms legislation

By |2021-03-31T04:00:19+00:00March 31st, 2021|COMMERCIAL LAW, LEGAL NEWS|

Since 2010, the Australian Consumer Lawhas provided protection for consumers and small businesses against unfair contract terms (UCTs) contained in standard form contracts. In November 2020, following consultation with the public, legislators announced a further strengthening of the UCT protections. The UCT protections will continue to apply only to standard form contracts issued to consumers and small businesses. What are unfair contracts? A term contained [...]

PPSR: Relevance to Individuals and Businesses

By |2021-02-26T05:09:14+00:00February 24th, 2021|COMMERCIAL LAW|

What is the PPSR? The Personal Property Securities Register (PPSR) is the official government register of security interests in personal property.  When a person or business borrows money or purchases personal property on credit terms (such as a car or items of stock), the debt secured by that property is registered on the PPSR.  The register acts as an online public noticeboard detailing all registered [...]

Importance of an exit clause in a Shareholders Agreement

By |2021-01-14T02:07:44+00:00January 13th, 2021|COMMERCIAL LAW|

What is a shareholder agreement? Properly drafted shareholders agreements provide a clear framework of agreed principles across a range of issues. The owners of a business operated by a company should execute a shareholders agreement as soon as possible and preferably before commencement of trade. Shareholders agreements provide various benefits throughout the establishment and operation of a business, covering important issues such as who can [...]

Employee Classification: Permanent v Casual v Contractor

By |2020-12-11T02:41:42+00:00December 11th, 2020|COMMERCIAL LAW|

The distinction between contractors, permanent employees and casual employees is a vital but often overlooked part of running a business. To ensure a business' legal obligations towards employees are met, it is critical that team members are classified and documented correctly. What is a permanent employee? A permanent employee is usually engaged under an employment contract or Award as either part-time or full-time, and has [...]

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