What is Repudiation of a Contract?

By on 3 October 2012 in Commercial Agreements with 1 Comment
What is Repudiation of a Contract?

I have had a number of clients recently approach me in relation to contractual disputes. Often we need to consider whether repudiation has taken place. Repudiation of a contract occurs where one party renounces his or her obligations under a contract. The principle revolves around the concept that parties should be ready, willing and able […]

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Protect your smart idea

By on 28 June 2012 in Intellectual Property with 0 Comments
Protect your smart idea

In difficult financial climates, the businesses that flourish are those that are not afraid to diversify the products or services that they offer to their clients or customers. Whether it is offering a new product to target a lower income segment of the market, or a Smartphone App to allow clients to access services remotely, […]

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Is your social media policy strong enough?

By on 30 May 2012 in Employment Law with 0 Comments
Is your social media policy strong enough?

I recently read the case of Glen Stutsel v Linfox Australia Pty Ltd [2011] FWA 8444 which got me thinking of all the points my clients have to consider before they dismiss an employee for an “online offense”. Glen Stutsel was dismissed on the grounds of serious misconduct when he made comments about his employers […]

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Is an agreement to lease binding?

By on 21 May 2012 in Commercial & Retail Leasing with 0 Comments
Is an agreement to lease binding?

An important case to decide whether a Letter of Intention to Lease was a binding legal document was heard in the Brisbane District Court on 30 April 2012. The key consideration was whether the letter was a binding legal document or simply an application to lease to enable the Landlord to assess the Tenant’s “lease-worthy […]

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Business Legislation Update 2012

By on 17 May 2012 in Trade Law with 0 Comments
Business Legislation Update 2012

I recently was invited to the Sunshine Coast Business Expo as a speaker across the two days of this yearly event. One of the presentations I gave was a Business Legislation Update for the year ahead in 2012. I have uploaded a Power Point presentation for you to read through which contains these topics including: […]

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The National Business Names Register

By on 9 May 2012 in Corporate Structuring with 0 Comments
The National Business Names Register

The new National Business Names Register will commence on 28 May 2012 under the administration of the Australian Securities and Investment Commission (“ASIC”). Here is how it will affect your business: 1. A National System If your business name is currently registered in multiple States, it will now be registered nationally, and you will only need […]

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What are the key things you need to know about redundancy?

By on 16 April 2012 in Employment Law with 0 Comments
What are the key things you need to know about redundancy?

I recently read the case of Hodgson v Amcor Ltd; Amcor Ltd & Ors v Barnes & Ors [2012] VSC 94 which addressed a number of key principles of redundancy. Hodgson had been employed by Amcor Ltd for 38 years and was made redundant by the company at age 61. His annual remuneration package was […]

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Employee Profit Sharing Arrangements, Employee Share Schemes and Tax Consequences

By on 13 April 2012 in Corporate Structuring with 0 Comments
Employee Profit Sharing Arrangements, Employee Share Schemes and Tax Consequences

Providing greater incentives to staff in a company may come with hidden consequences for both the company and the employee. As a company grows, staff may be offered incentives such as shares in a company as well as profit sharing. Payments of shares and profits may be made directly to an employee or into a […]

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Shareholder and Partnership Agreements

By on 5 April 2012 in Commercial Agreements with 1 Comment
Shareholder and Partnership Agreements

I was recently asked to give advice to the client in relation to a partnership agreement that they had signed in their business. The agreement had been purchased online and my client had basically “filled in the blanks”. My client is now a 50% owner in the business but because of the terms of the […]

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Trade Agreements

By on 2 April 2012 in Commercial Agreements with 0 Comments
Trade Agreements

I often have clients contact me seeking advice in relation to a dispute that they are having with parties that they trade with in their business, such as suppliers and customers. The first question I ask is what the terms of their agreement are, and often I am told that there is nothing in writing. […]

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