Purchasing an Existing Business

By |2024-06-12T01:01:30+00:00June 12th, 2024|COMMERCIAL LAW|

Purchasing a business involves various legal complexities that must be navigated carefully to ensure a smooth transition and mitigate potential risks. Some of the main considerations are outlined below: 1. Due Diligence: This process involves investigating the financial, operational, and legal aspects of the business to assess identifying potential risks. Purchasers should review financial statements, contracts, leases, intellectual property rights, and any existing legal disputes [...]

Reform of Sexual Consent Laws in NSW

By |2024-01-17T02:44:53+00:00January 17th, 2024|COMMERCIAL LAW|

The complexity of the definition of consent in sexual assault cases has been an ongoing discussion within communities and the legal system.  On 1 June 2022, the NSW Parliament established changes to the definition of 'consent' via the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021, introducing the new 'affirmative' consent laws. What is the definition of consent?   'A person consents to a sexual [...]

Demystifying Directors and Insolvent Trading

By |2023-10-30T03:33:40+00:00October 30th, 2023|COMMERCIAL LAW|

Many of us are aware of a two unique company characteristics, their separate legal persons status and their limited liability. However, there are situations where the court will “lift the corporate veil”, which in turn, holds a director personally liable for breaches of their duties and obligations under the Corporation Act 2001 (Cth). This lifting commonly occurs where a company continues to trade even though [...]

Can the signature of a single director bind your company?

By |2023-05-14T23:09:51+00:00May 14th, 2023|COMMERCIAL LAW|

A company with multiple directors operates under the assumption that all directors are to act within their fiduciary duties to one another. That is to act in the best interests of the company, avoid conflicts of interest, act in good faith, use their powers for proper purposes and act with reasonable care and diligence. Where a director effectively defaults from these duties, whether conscious or [...]

The Walls Have Ears – Extra Care Required When Working Remotely

By |2023-03-17T04:57:00+00:00March 17th, 2023|COMMERCIAL LAW|

The Covid Pandemic accelerated the adoption of flexible and remote working arrangements across a range of businesses, not just in Australia, but throughout the world. These arrangements are likely to continue after the Pandemic is no more than a memory and although the arrangements have a lot to offer in terms of work flexibility, reduction in travel times and possibly even savings for some businesses [...]

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022– what it means for employers and employees

By |2023-01-19T01:55:22+00:00January 19th, 2023|COMMERCIAL LAW, LEGAL NEWS|

On 6 December 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Act) was enacted. The Act amends and introduces a number of workplace laws, and  introduces new objectives to promote job security and promote gender equality.  Some of the key changes are as follows: Fixed Term Employment Contracts The Act seeks to limit the use of fixed-term contracts.  Employers can [...]

Shareholder, Unitholder and Partnership Agreements: What terms should be agreed?

By |2022-11-16T03:35:23+00:00November 16th, 2022|COMMERCIAL LAW|

Having a well drafted shareholder, unitholder or partnership agreement for your company, unit trust or business partnership helps govern the relationship between parties whilst in business together and when the business relationship comes to an end.   It sets the framework for decision-making within the business and the process for a business partner to exit the business (which can be voluntarily or involuntarily).  It can minimise [...]

CONTRACT IS KEY – High Court emphasises the importance of a written contract in employee vs contractor distinction

By |2022-04-08T00:58:02+00:00April 8th, 2022|COMMERCIAL LAW, LEGAL NEWS|

The High Court of Australia has recently handed down decisions that emphasises the importance of a written contract in the employment or contractor relationship. On 9 February 2022, the High Court handed down two landmark decisions, Construction, Forestry, Maritime, Mining and Energy union v Personnel Contracting Pty Ltd [2022] and ZG Operations Australia Pty Ltd v Jamsek [2022].  These decisions clarify the distinction between an [...]

Electronic signatures here to stay following new federal Bill

By |2022-03-16T23:39:08+00:00March 16th, 2022|COMMERCIAL LAW, LEGAL NEWS, NEWS|

Formal deeds and contracts have been executed by companies using electronic means rather than traditional handwritten signatures following the Covid-19 lockdown restrictions which have prevented in-person conferences.  The ability to sign documents electronically was initially a temporary solution to lockdown restrictions and was due to expire on 1 April 2022. However, businesses have keenly embraced the newfound convenience and efficiency of signing documents electronically. To [...]

Buying a Business in NSW

By |2022-01-12T02:57:38+00:00January 12th, 2022|COMMERCIAL LAW|

Overview Buying a business is a daunting prospect at the best of times. With a variety of factors to consider, risks to weigh up and more, the whole process can seem very confusing. This article provides a summary of the processes involved in buying a business in NSW and factors one should consider before getting involved in such a transaction. Buying A Business As a [...]

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