Lawyers For Business Owners

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For decades, intergenerational or ‘bloodline’ discretionary trusts have been marketed to families as a reliable way to quarantine wealth from...

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Upcoming law reforms introduced by the Victorian Labor Government on 16 June 2026 are expected to cause disruption across businesses...

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Testamentary trusts are a useful estate planning tool with a number of benefits. A testamentary trust is a trust that...

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Superannuation does not always form part of your estate, regardless of whether your entitlements are held in an industry fund...

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Homemade Wills are often seen as the cheaper, more convenient way to deal with your assets upon your death. However,...

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The 2026 Federal Budget has proposed significant changes to the way that certain discretionary trusts are taxed. There were concerns...

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From 1 January 2026, Australia’s merger control system enters a new phase. The informal, voluntary approach that has shaped merger...

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Is It Safe to Use ChatGPT in Family Law Cases? As artificial intelligence tools like ChatGPT become increasingly popular, a...

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When Do Family Trust Assets Count as Marital Property? Court Provides Key Clarification A recent decision in the matter of...

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For a lot of people, disputes over our furry friends (or feathered/scaled/shelled or otherwise – we don’t discriminate!) can be...

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Australia’s Right to Disconnect: Unplugging from the Always-On Culture What Is It? Australia’s new “Right to Disconnect” gives employees the...

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In many circles, when private equity managers talk about exits, the conversation often shifts to IPOs or trade sales. These...

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Debt funding can be an attractive alternative to equity, particularly for founders and boards who want to retain control while...

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Mergers and acquisitions (M&A), particularly in the private sphere, can be complex transactions where commercial and legal issues are deeply...

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Boardrooms usually focus on successful deal completions, but valuable lessons often come from transactions that do not cross the finish...

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The collapse of StrongRoom AI, once a rising star of Australia’s MedTech sector, is a timely reminder that unchecked enthusiasm...

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There are several ways public companies can raise capital in Australia. Each option carries different legal, market and commercial considerations,...

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A well-drafted Shareholders’ Agreement is more than just a legal document — it’s a blueprint for long-term success and harmony...

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Convertible instruments, particularly Simple Agreements for Future Equity (SAFEs), have become popular tools in early-stage financing. These instruments offer flexibility...

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Legal due diligence is a critical process in significant business transactions, such as mergers and acquisitions (M&A) and capital-raising transactions....

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When issuing shares to investors, companies often grapple with the decision to issue ordinary shares or preference shares. While issuing...

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When commencing a business transaction – whether an investment, acquisition, joint venture, or major commercial agreement – one of the...

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Debt funding can be an essential tool for companies seeking to finance projects, expand their operations, or manage cash flow....

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Structuring the sale or purchase of a business is critical, as it impacts financial outcomes, tax implications, and the allocation...

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Raising capital is a common strategy used by private companies to scale their operations, develop new products, and strengthen their...

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When investing in or managing a company, understanding shareholder rights is crucial. One such right is the pre-emptive right. These...

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If you believe that the will maker (testator) was not of sound mind when they made their will, you may...

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If you do not nominate a beneficiary for your superannuation, the distribution of your superannuation benefits upon your death will...

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If you have been left out of a will and believe you should have been included, you may have the...

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In Victoria, several parties may be entitled to make a claim against an estate. These claims are typically made under...

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The role of an executor of a will is a significant responsibility, involving various legal and administrative duties to ensure...

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In Victoria, the requirements for witnessing a will and powers of attorney are distinct, and it's important to adhere to...

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Having a will is a crucial aspect of estate planning, ensuring that your assets are distributed according to your wishes...

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In October 2024, the Victorian Government released its response to a Parliamentary Inquiry into employers and contractors who refuse to...

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A common question we are asked by business owners is:               When am I...

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From today, 26 August 2024, if you employ 15 employees or more, your employees now have the right to disconnect...

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Last year, the 2023 Victorian State Government Budget was released, introducing changes to the land tax system to transition from...

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In one of the first cases to consider return to work directions, the Fair Work Commission has found that an...

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Corporations are separate legal entities to their directors, meaning that the owners enjoy the benefit of not being liable for...

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‘Contempt of Court’ relates to being disobedient or disrespectful toward a Court of law, usually by way of ignoring or...

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It is no secret that fraud, scams and many other cybercrimes are rapidly growing each day, and privacy and cyber...

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Employees will shortly have the right to disconnect from their workplace - out of hours. The Right to Disconnect Bill...

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KFC V HFC: Fried Chicken Trademark Cook-Off KFC has recently challenged Grill’d, arguing that the wording of their new “HFC”...

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As of 6 December 2023, employers must now provide any employee engaged under a new fixed term contract, a copy...

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The Federal Court recently handed down a judgment which will likely change the way new cars are sold in Australia...

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From tenants failing to make their rental payments to landlords failing to maintain the upkeep of the premises, there are...

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Beware of the new changes to the unfair contract terms (UCT) regime which will take effect from 9 November 2023....

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The Victorian Government has announced that it will introduce a levy to properties listed on short-stay rental platforms such as...

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Following the Covid19 pandemic, many individuals have become accustomed to the lifestyle that comes with work from home. For those...

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Many home owners in Victoria are losing life savings due to dodgy builders walking off the job - mid construction....

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Receiving a family law application can be a daunting experience, but it's crucial to approach the situation calmly and strategically....

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In the intricate tapestry of family law, property disputes form a significant thread, often weaving complexities that demand resolution. As...

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Mediation shines as a beacon of hope amidst often emotionally charged disputes. In an effort to foster amicable resolutions and...

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In the realm of family law, the concept of the best interests of the child principle stands as a guiding...

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Property settlements: are you unsure about the actual process involved? Below is a simple breakdown of the steps. Identifying Assets...

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Property settlements are a crucial aspect of family law, as they play a pivotal role in ensuring a fair distribution...

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In the realm of family law in Australia, the concept of spousal maintenance often surfaces during divorce or separation proceedings....

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When a relationship ends and the prospect of dividing assets arises, one of the most significant decisions individuals face is...

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It is crucial to dispel a common misconception: there is no strict time limit set by law for resolving family...

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As part of any property settlement, even when you are amicable, you will need to agree on what forms part...

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How To Maximise Your Family Law Property Settlement Are you going through a complex family law property settlement and feeling...

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Simple Errors in Bankruptcy Notices Can Lead to Disastrous Consequences Those familiar with Court proceedings under the Bankruptcy Act 1966...

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The 2023 Victorian State Government Budget has been released, and there are some noteworthy changes to the land tax system...

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Did you know that a franchisor could potentially be liable for the conduct of its franchisee? This exact question is...

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IP infringements are incredibly common and affect everyone, from small businesses to large corporations. However, the effects of IP infringement...

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So, you are considering issuing legal proceedings, have received a cost estimate from your lawyer, and want to know whether...

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The “duty of the utmost good faith” (duty) is a principle that automatically applies to a contract for insurance. The...

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The Fair Work Commission has changed the Professional Employees Award 2020. How does it impact employers? On 20 January 2023,...

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If your business is involved in container shipping, it’s likely that you have heard of “demurrage” and “detention" charges. This...

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On 6 December 2022, the Federal Government passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Cth).  This...

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Did you know that employment and contractor agreements can impact Trainers long after they have changed jobs? Trainers are often...

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The Victorian Government recently amended the Equal Opportunity Act 2010 (Vic) to better protect Victorian’s in the LGBTIQ+ community from...

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Payment terms are common for all businesses, whether you are the buyer or the seller. Getting them right is critical....

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There are major changes expected to workplace sex discrimination law. The government is currently debating a bill, which if passed,...

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Langford Jones Homes is one of many builders to enter into liquidation. With the increased cost of materials and late...

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When a business partnership goes south, it may be time to remove the partner from your business … but there...

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How to become a human lie detector – understanding the science of deception The business world has no shortage of...

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How To Get Your Defective Home Fixed It's no secret that there have been delays and price increases for building...

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Formal Mediation with a Trained Mediator is More Effective in Dispute Resolution Formal mediation is a mediation conducted by a...

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An Offer You CAN Refuse – Increasing Travel Time Held to be an UNREASONABLE Offer of Redeployment The Fair Work...

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Alex recently had an article published by SmartCompany on how to spot possible fraud in your business which is vital...

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How To Restrict The Movements And Lending Capacity Of Your Debtors Join our very own Erin Prout as she provides...

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Unionising Gig Economy Workers – The New Frontier in Industrial Relations Changes to the gig economy and workers’ rights are...

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How To Restrict the Lending Capacity of Your Debtors There is nothing worse than seeing someone living it up when...

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How to track down someone who owes you money It’s common for people who owe money to disappear, or relocate,...

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Personal Liabilities of Business Owners A common misunderstanding in business is that business owners or directors are liable for all...

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How to Know Whether You Need a Lawyer or a Conveyancer? Transactions of home ownership, known as conveyancing, is an...

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The recent collapse of Probuild is a shocking example of how even the biggest companies can go into liquidation and...

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30 year “gig” upheld by High Court as contractor and not employee A recent decision by the High Court of...

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Engaging a lawyer for the first time can seem daunting. What to say, where to start? Here Alex shares some...

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Urgent business dispute and injunctions How do you resolve an urgent legal dispute? While court proceedings may take months (even...

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When should you litigate? The answer depends on: 1. How important is resolving the dispute to you? 2. What are...

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If I Receive A Letter of Demand, Do I Have To Pay? Usually, a creditor will send a letter of...

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How to Speed Up Payment  Cash flow is key to the success of every business but it can often be...

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Don’t Lie to Your Customers About Refunds The ACCC has issued legal proceedings in the Federal Court of Australia against...

If you win your case, who pays the legal costs? There is a principle in law that the losing party...

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My business has been defamed on social media: can I force them to remove it? Testimonials can be a great...

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Employment restraints are how you stop your team poaching your customers, stealing your data or competing with your business. Your...

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Business owners will be liable for covid cases contracted at work. So as we return to the office we will...

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Illegal Direct Debits during COVID Lockdowns Have your direct debits continued throughout the COVID lockdowns? We have been inundated with...

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Help! I’ve been Served Being served is not a pleasant experience. Often, a process server will show up at your...

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Dramatic Increase in Penalties for Unfair Contract Terms  Beware of unfair contract terms in your terms and conditions. Recent proposed...

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Mandatory Vaccinations in Aged Care - the Kimber-v-Sapphire Coast Community Aged Care Ltd Decision The Fair Work Commission has handed...

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Mandatory Vaccinations in the Workplace Update The landscape on mandatory vaccinations in the workplace is changing rapidly. In this vlog...

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Dismissals Held Lawful for Anti-Vaxxer The Fair Work Commission has just handed down a landmark decision that confirms it is...

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Workplace Termination, Now a $5.2 million Claim The Federal Court has recently overturned the decision to award $5.2 million to...

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Construction Industry to Shut Down for 2 Weeks after Vaccinations made Compulsory The Victorian government has just announced a sudden...

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The “Rusty Krab” Tries to Sidestep Trademark Infringement The parent company of Nickelodeon, Viacom, has sued a bar in Houston...

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A Court or Tribunal: Make a Strategic Choice One of the secrets to litigation success is making smart and informed...

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Take it or Leave It – Your Obligations to Provide a Refund Avoid getting in trouble with Consumer Affairs and...

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How to Vigorously Defend a Court Proceeding If you are served with court documents, you must act quickly. This is...

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No Jab, No Job – An Update on Mandatory Vaccines in the Workplace Since our last article on vaccinations (which...

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$5,000,000 Punishment for Misleading and Deceptive Conduct Despite No Proven Harm Well-known activewear brand Lorna Jane has recently faced the...

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Education Provider Fined $250,000 for Illegitimate Enrolments An education provider, Captain Cook College, has recently faced the Federal Court for...

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Independent Contractor vs Employee – The Risks, Benefits and Importance of Getting it Right The industry has long assumed that...

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How to Terminate a Contract of Sale of Land Have you just signed a contract of sale to purchase land?...

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Federal Court Stops An Employee From Defecting To A Competitor A team leader at finance company, Liberty Financial, was prevented...

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Is Independent Contracting Dead? The Fair Work Commission has ruled that a Deliveroo rider is an employee not an independent...

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The Latest Sting in Underpayments The Federal Circuit Court of Australia has ordered Chatime Cinema, along with its two directors,...

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Significant Monetary Caps to Cut Down Defamation Cases New defamation laws have been passed in Victoria and are set to...

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Are you walking away from half a million dollars profit?  How to recover your small Debts? It is not worth...

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The Winner in Court Still Has to Pay Legal Costs You may have heard that if you win your Court...

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Stop Spamming Customers or Face a Fine of $310,000 Online shopping giant, Kogan, has been fined $310,000 for repeated breaches...

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ACCC Slams Funeral Homes for Misinforming Customers about their True Ownership The ACCC have issued civil penalties totalling $25,200 to...

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Taking Advantage Of Minority Shareholders Can Land You In Hot Water We recently secured a $1.5 million dollar compensation payout...

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New Rental Laws – Updates Landlords and Tenants Need to Know Changes to residential tenancies are set to come into...

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Shareholder Disputes - When Business Owners Fall Out Most businesses are started by friends or family co-operating to build a...

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Redundancy  Is it a redundancy?  Or is it termination for poor performance?  It is important you understand the differences when...

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Commercial Rent Relief During COVID-19 The COVID-19 pandemic has affected both landlords and tenants. While you are probably aware of...

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COVID-19: How Employers can Manage Staff and Reduce Costs During COVID-19 it is difficult for employers to make decisions about...

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Business & Commercial Law  Protecting your brand is not only about trademarks.  How you deal with your customers and govern...

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Business Health Check Business is about maximising opportunities and controlling risk. While entrepreneurs often focus on opportunities and mature businesses...

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Legal Business Risk Management Organisations should review their legal business risk management plan yearly.  In our latest video, Alex Martin...

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Personal Liabilities When starting a business venture, it's important to seek legal advice to protect yourself against personal guarantees, tax...

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How to Avoid Disputes Between Business Owners Most businesses have more than one owner. While there are many upsides to...

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Misspelt Trademark The Chinese technology giant Huawei Technologies Co Ltd has applied to register trademarks which contain spelling errors of...

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Public Servant Loses Landmark Free Speech Case in the High Court When can an employer fire an employee over what...

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We often get asked how an employer can terminate an employee and whether the termination has breached the fair work...

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Credit Management & Debt Recovery When running a business, it is important to have effective credit management practices in place....

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Employment Law In our latest vlog, Alex Martin, discusses employment law topics such as when employment solicitors is needed over...

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With technology in business and our everyday lives increasing at a rapid pace, employers conducting surveillance in the workplace is...

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Wrongful Termination vs Unfair Dismissal  This video follows on from our recent article entitled "Wrongful Termination vs Unfair Dismissal" (posted...

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The recent dismissal of ABC’s managing director, Michelle Guthrie, half-way through her 5-year term has increased the attention surrounding the...

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When a reside Cancelling a Contract ntial property is sold and a contract of sale is signed, the vendor is...

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Caveats and Mortgages We all know what a mortgage on title is as the majority of us own property and...

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Buying a property off the plan is an increasingly popular choice for many buyers who want to purchase a brand-new...

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In our latest vlog our Director, Alex Martin, discusses how Taurus Legal Management can assist you with your lease. We...

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What is Insolvency? If a business can’t pay its debts on time, it comes under insolvency. Continuing to trade while...

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The following checklist sets out some issues and questions you should consider when you are starting a business according to...

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If you're thinking of starting a business, you’ll need to look at the advantages and disadvantages of each business structure...

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Meet Erin. Beginning her career in Employment Law, Erin knew she wanted to broaden her horizons and branch out into...

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Meet Alex Martin Over the next few weeks, we will be introducing our team and our services in a series...

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The most important asset of your business is its brand.  No matter how good your goods or services are, your...

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Did you know that employment contracts can stop employees from working for competitors, even after they have resigned? A properly...

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Every business needs a premises. Is it best to purchase that premises or to rent it? Good question. The answer...

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Almost every business has at least one lease. Leasing is a major overhead often not very well understood by business...

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Do you know if your business has a commercial lease or a retail lease? Were you aware there is a...

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I have a registered business name so I don’t need a trade mark, right? Wrong. Registering a business name does...

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Why You Need A Privacy Policy NOW Every business that turns over more than $3 million is regulated by the Privacy Act...

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What You Need to Know About Selling Your Business Most business owners hope to sell their businesses one day. Knowing...

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7-Eleven and changes to the Fair Work Act   Fair Work Act changes  Following the record penalties of $532,000 ordered...

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On 18 October 2017, the Government passed the Competition and Consumer Amendment (Competition Policy Review) Bill 2017 (the Bill). The...

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Capital Raising   Raising capital is essential to start and grow businesses. It is also commonly used to fund the...

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On 5 September 2017, the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (the Bill) was passed by both houses...

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While many businesses have a set of contract terms, it may be that some of those terms are unfair and unenforceable, potentially...

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The new financial year marked the commencement of some legislative changes that may have the following impact: The national minimum...