Blog

  • Man Tries to Exit Contract by Claiming He is Mentally Ill

    17 MAY 2022 COMMERCIAL & BUSINESS LAW PROPERTY LAW & CONVEYANCING

    A man (“the purchaser”) bought a property and negotiated a 13-month settlement period. The contract included a clause that said that if a party became mentally ill they could pull out of the contract. The purchaser took possession of the land before settlement, and everything appeared to be going smoothly. The purchaser himself was a savvy investor because he already had 8 properties to his name. Read more

  • Disobedient Employees? You Could be Responsible for Their Actions!

    01 MARCH 2022 COMMERCIAL & BUSINESS LAW LITIGATION & DISPUTE RESOLUTION

    An employer was involved in providing apprenticeship opportunities to young workers. The company engaged a 16-year-old high school student for work experience to see if it would take him on as an apprentice. The student was keen and seemed to show potential. Read more

  • Can your Business Effectively Protect Its Interests?

    17 JANUARY 2022 COMMERCIAL & BUSINESS LAW LITIGATION & DISPUTE RESOLUTION

    Restraint of Trade Clauses can also be applied between businesses. This is often the case when one business is split into two businesses, or in Joint Venture Agreements where two businesses agree to co-operate on a project. A recent NSW Supreme Court Case involving flower wholesalers has shown how Restraint of Trade Clauses will not always be enforced by Courts. Read more

  • Could You be Liable for the Risks of an Intruder?

    13 JULY 2021 COMMERCIAL & BUSINESS LAW LITIGATION & DISPUTE RESOLUTION

    In a recent case, a landlord owned and operated a large shopping centre. The landlord engaged a security company to provide security for the premises. This security company sub-contracted the responsibilities to another security company who employed a man to guard the shopping centre. This man was made familiar with various manuals which covered his role and outlined responses to specific incidents like armed persons and robberies. Read more

  • Why you should prepare a clear written agreement

    01 JUNE 2021 COMMERCIAL & BUSINESS LAW LITIGATION & DISPUTE RESOLUTION

    Not having a properly drafted contract is risky, particularly when the good faith on which the relationship was built disappears, and the relationship ends. That is when a clear and concise written agreement, which sets out the rights and obligations of the parties, is invaluable. Read more

  • Can Your Business Make Vaccines Compulsory?

    08 MARCH 2021 COMMERCIAL & BUSINESS LAW LITIGATION & DISPUTE RESOLUTION

    COVID-19 vaccines are now approved for use in Australia. The question of whether these vaccines can be made compulsory for employees will be important. A recent case may give some guidance. Read more

  • Are You Tempted to Take a Sub-lease of Some Floorspace? Be Careful with Subleases!

    15 FEBRUARY 2021 COMMERCIAL & BUSINESS LAW PROPERTY LAW & CONVEYANCING

    You may be looking for premises and get offered some space available on a “sublease”. This is common at present because more businesses than ever have employees working remotely from home, and so they have too much floorspace. Subletting the excess space will allow them to recoup some rent during the balance of the term of their lease. Read more

  • 9 Things Your Business Needs to Know About Cybercrime!

    23 NOVEMBER 2020 COMMERCIAL & BUSINESS LAW

    Cybercrime represents a major threat to all businesses. Here are the top 9 things to consider with respect to cybercrime. Read more

  • Can You Be Held Liable for Industrial Manslaughter?

    27 OCTOBER 2020 COMMERCIAL & BUSINESS LAW LITIGATION & DISPUTE RESOLUTION

    As a business owner you will be aware that you must provide a safe work environment. Recently, new laws have been introduced in QLD, Vic, the NT and the ACT relating to industrial manslaughter. These laws mean that the operators of businesses in those states and territories can be held criminally liable for the death of their employees at work. Read more

  • Does Your Business Supply a Big Business? You Need to Know About the Proposed “Payment Times Laws”

    20 OCTOBER 2020 COMMERCIAL & BUSINESS LAW

    For your business to survive and thrive you must understand the importance of cashflow. Cashflow is greatly affected by the time you give your customers to pay your invoices. Whilst it is common for businesses to give 30-day payment terms, it is often the case that big businesses impose payment terms of 60, 90 or 120 days. As small business owners generally want to have big businesses as customers, they have little choice but to agree, even though it will adversely impact on their cash flow. As a consequence, your business could be profitable, but ultimately destroyed by poor cashflow. Read more