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 [...]

Update: High Court Protects Business Goodwill

By |2021-12-15T04:38:08+00:00December 15th, 2021|COMMERCIAL LAW|

In October 2021, the High Court of Australia ruled on a restraint of trade dispute between a real estate agency at Concord and a former employed real estate agent. The High Court affirmed the Decision of the Court of Appeal of the Supreme Court of New South Wales in Devine Real Estate Concord Pty Ltd V Agha. Issues Arising Restraining a former employee from contacting [...]

Franchising Code of Conduct Changes

By |2021-11-17T23:06:24+00:00November 17th, 2021|COMMERCIAL LAW|

Recently the Federal Government released their final amendments to the Competition and Consumer (Industry Codes – Franchising) Amendment (Fairness in Franchising) Regulations 2021 (“the Franchising Code”).  These amendments significantly reformed the Franchising Code to improve its fairness and transparency and promote competition and fair trading within the franchising sector. The effect of these amendments is to level the playing field, by placing stricter obligations on [...]

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 [...]

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