Commercial Articles
Liquidated damages in construction and commercial contracts
Including a liquidated damages clause in construction or commercial contracts is a common way of addressing what sanctions will apply if a breach of contract arises during the operation of the contract. It is therefore important to understand exactly what is meant by...
Differences between Employees and Contractors
Businesses should have systems in place to ensure that the correct determination is made as to whether a worker should be classified as an employee or as an independent contractor. This is important as tax, superannuation and other obligations will apply depending on...
Anti-Bullying Orders made by the Fair Work Commission explained
Where a worker has been bullied by an individual or a group in the workplace, the Fair Work Commission has the power to make anti-bullying orders where there is a risk that the complainant worker will likely continue to be bullied at work by said individual or group.
Resolving Payment Disputes arising from Construction Contracts
When entering into a contract for building and construction work it is important for all parties to understand what the process is if a dispute arises over payment of money under the contract.
Deciding which business structure to use
There are 4 main types of business structures for doing business in Australia, each with their own advantages and disadvantages. A person can carry on business as a sole trader, partnership, trust, or company.
Intellectual Property and your Business
Intellectual property (“IP”) can be described as “the property of your mind” or “proprietary knowledge”. There are various types of IP, such as inventions, trademarks, designs or the practical application of your idea (discussed below). A business’s IP is usually a...
The “ins” and “outs” of Unfair Dismissal Claims
Terminating someone’s employment is never a nice thing to do, and is usually stressful and upsetting for everyone involved. In addition, unfair dismissal matters can be complex and frustrating for all parties involved. Since the commencement of the Fair Work Act in...
How Your Lawyer Can Help Your Cash Flow
Hearing the words lawyer, help and cash flow in the same sentence may seem odd to some. The reality though (and it doesn’t matter what business you are in), your credit controller and your litigation lawyer should be “besties”. Why? Because a good litigation lawyer...
The Insider’s Guide to Resolving Commercial Disputes Effectively
Despite business’ best efforts, commercial disputes often arise at the most unexpected and inconvenient time. Preparing and proceeding to trial is an expensive, time-consuming and emotionally draining exercise. This is why resolving your dispute in a fast and...
A Guide to Shareholder Agreements
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 Ins and Outs of Setting up and Coordinating an Effective Partnership
Business partnerships are often seen as an attractive business structure as they can be cost and tax effective. Thorough planning prior to the commencement of the business relationship is imperative to ensure that the partnership can take advantage of the benefits...
Which Business Structure may be Appropriate for your Business?
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 continued...
Extension of the unfair contracts regime to small businesses
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...
Which Business Structure may be Appropriate for your Business?
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...
How to find the right lawyer in a Commercial Dispute matter
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...
7 Tips to Effectively End a Business Partnership
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...
Debt recovery basics for business
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...
Avoiding redundancy traps
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...
Personal Property Security Register
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...
Sexual harassment policy technology considerations
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...
Are you a director of an insolvent company?
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...
Important things to consider when buying a business
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...
Effective debt collection for business
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...
Personal Property Securities Legislation
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...
General and Commercial Litigation
Frichot & Frichot engage in a broad-based general and commercial litigation practice before courts, administrative tribunals and arbitration panels.
Liquor Licensing Law
Frichot & Frichot have extensive experience and expertise in all aspects of Liquor Licensing Law.
Property Law
Frichot & Frichot advise and represent clients in all phases of the acquisition, development and leasing of real property including the formation of limited partnerships, limited liability companies and joint ventures.