Commercial Articles

A company’s internal management is usually governed by the company’s constitution. A company’s constitution is usually drafted in a standard format and does not provide protection for the company’s shareholders in the event of a dispute between them or where issues,...

The Federal Government has enacted legislation extending the unfair contract term protections of the Competition and Consumer Act 2010 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth) to the small business sector. Under the new laws, a...

To give your business the best chance at profitability and success it is essential that you carefully choose a business structure that best suits its needs.  Depending on these needs, your choice of business structure may have a positive or negative impact on...

If your business or one you know (or an individual) is facing litigation, either because another party is threatening it, or because you feel you have a right to take action, what do you do first and where do you seek help? It has been said that litigation is a game...

A partnership is a common business structure where a relationship exists between two or more people or entities who are carrying on a joint business venture with a view to profit. We recommend you consider the following tips if you are contemplating entering into a...

If you are owed money for goods or services, the first step in attempting to recover it is generally to send a letter of demand to the other party setting out the amount of money outstanding and giving them a defined period of time within which to settle the matter by...

Employers can easily fall into dispute with their employees by failing to properly handle redundancies. There is often uncertainty surrounding redundancy, in terms of handling it within the law, as well as cost. Redundancy commonly occurs when a business is sold and a...

Many businesses are struggling to understand the implications of the Personal Property Security Register (PPSR). In this article we have provided a simple summary and a timely warning about what to do, following changes that were implemented to the Personal Property...

In the Australian workplace, “sexual harassment” has been unlawful since at least 1984. One major issue for employers to deal with is displaying or circulating sexual material in the workplace. Back in 1984, when the laws were introduced, desktop computers, laptops...

During difficult economic conditions it is important that all directors revisit their duties as directors and are aware of how the board should deal with the situation where a company is in financial difficulty and may be insolvent. What is insolvency? A company is...

If you are considering buying a business there are a number of things you need to do from a legal, financial and general business perspective. Getting the right advice from the start is important. The issues involved in a sale are different if you are buying the...

If you are in business, whether it's in the capacity of a company director, in management or if you represent a company as its accountant, you must know of the power of a Statutory Demand. This article sets out the huge benefits in using this as a method of very...

In accordance with the PPSA parties now have the ability to use personal property as a security for payment or performance of an obligation. However, a security interest can only be registered on the PPSR if the contract or agreement between the parties allows for...