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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 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 [...]

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 [...]

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 [...]