Business Structures: Partnerships – the pros and cons
When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. In Australia, there are 4 common business structures – sole trader, partnership, trust and company. Different business structures have different benefits and disadvantages. This article looks at partnerships – how to set one up […]
Protecting business interests in family law proceedings
Family law issues can be disruptive to a business entity, with the potential to adversely affect its activities, cashflow, and financial viability. Problems can stem from a relationship breakdown between domestic co-owners, or the divorce or separation of a third-party business partner or shareholder. Protecting a business from potential loss and disruption in the wake […]
Interview questions you can’t ask
An employer’s potential liability for workplace discrimination arises before the first interview and exists whether or not a decision is made to hire a person. A job interview is integral to the recruitment process and provides an opportunity for the employer to ask questions, check credentials and determine a prospective employee’s suitability for a position. […]
Why your company needs a Shareholder Agreement
Starting a business requires careful planning and consideration. A failure to allow for unforeseen events or for ways to resolve future disagreements could put your new venture at considerable risk. The repercussions of failing to plan are clearly illustrated in a case in the Federal Court between co-owners of the popular Grill’d fast food empire. […]
What a Will Kit doesn’t do
There are various ‘Will Kits’ available on-line – most are cheap or ‘free’ and all you need to do is download them and fill in the blanks. Many websites boast that you can prepare your Will ‘without spending hundreds of dollars on legal fees’. Simple, right? Not really. Generating an on-line Will may seem easy, […]
Domestic violence and peace & good behaviour orders
Relationship difficulties and breakdowns are a sad reality of modern life. Difficulties can arise in any relationship – with your spouse or partner, your ex, adult children, at work, even between flatmates. In today’s high pressure, fast-paced world, relationship difficulties or breakdowns can sometimes involve actual or threatened violence. At times of stress or when […]
Buying and selling property under an option agreement
Buying and selling real estate via an ‘option deed’ has gained popularity over the past, particularly in a growing property development market. Option deeds may be used for the acquisition of a site for future development and can be drafted to accommodate various circumstances. The flexibility of an option agreement may be ideal for developers […]
Farm succession planning – striking a balance
The diversity of a family farming enterprise amidst the dynamics of the family unit can raise challenging and complex issues. The topic of succession planning is often highly emotive. The respective contributions from individuals to the farming enterprise are likely to have varied over the years and not all family members’ motivations run parallel. It […]
Minimising directors’ liability – deeds of indemnity, access and insurance
Company directors have many responsibilities when carrying out their duties. Generally, company directors and officers are not personally liable for a company’s debts. Certain circumstances however can arise where directors may find themselves facing legal or other regulatory action exposing them to personal liability. Generally, the more complex the role, the greater the risk. In […]
What does a public liability claim mean?
A public liability claim is a potential entitlement to compensation for injuries or harm suffered in a range of circumstances due to the negligence of another person or entity. Many public liability claims arise when a person is injured in a ‘public place’, meaning an area or property open to the public (or class of […]