Author: Glenn Ferguson

18 July 2014

Things to look out for now that the carbon tax has been repealed

On 17 July 2014, the Parliament passed the Clean Energy Legislation (Carbon Tax Repeal) Bill 2014. Not only will this new legislation repeal the carbon tax instated by the previous government, but it will also provide the Australian Competition and Consumer Commission (ACCC) with new enforcement powers. What are the new powers of the ACCC? […]

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14 March 2014

Business Law Update for 2014

There is no doubt that 2013 was a huge year of change in respect of the laws applying to small and large businesses. This will continue throughout 2014. I recently presented the 2014 Business Legislation Update Seminar for the Australian Institute of Company Directors on the Sunshine Coast. Some of the key areas I addressed […]

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13 February 2014

What is a partnership?

I have recently been asked about partnerships generally, and what distinguishes them from other business structures. It is important to have a firm understanding of the advantages and disadvantages of a partnership, before entering into one, to run a business. What is a partnership? A partnership is essentially an agreement made between 2 to 20 […]

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23 December 2013

Partnership Dissolution

I often get approached by clients in dispute with their business partners. If you are in a partnership, and in a dispute with the other partner/s, it is important to know how the dispute will be managed. How is a partnership regulated? If there is a partnership agreement between the partners, this will be the […]

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18 February 2013

Shareholders Agreements

A Shareholders Agreement (SA) is something that I strongly encourage all my clients who operate a business (either as a partnership or company) to have. When I first see a client about starting a new business, they are often full of enthusiasm and great intentions however, have not given much thought about what could go […]

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14 February 2013

Foreign Companies operating in Australia

I have recently had an enquiry from an international company in relation to its options with respect to establishing itself in Australia. Essentially, a foreign company wishing to establish itself in Australia has three options: Establish a representative office; Register itself as a foreign company carrying on business in Australia; Incorporate a new company. Establishing a […]

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21 December 2012

I’m a shareholder in a business – does my vote count?

I am often asked to review shareholders agreements between existing shareholders and shareholders wishing to purchase a business. A question often asked is what voting rights they have. The shareholder entering the business may reach a handshake agreement with the other shareholders to have a say in the general running and strategic direction of the […]

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14 November 2012

Legal Business Health Check

I recently spoke at the AICD regional conference about surviving in business. To assist attendees I created a 20 point legal business health check so that people can conduct a quick review of their business. How do you score on the Legal Business Health Check? Is your business owned in your own name, or in […]

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30 October 2012

What is trademarking and why trade mark?

Clients often make the mistake of thinking their registered Business Name or Company Name gives them the exclusive right to use that name in the marketplace. The truth is that whilst your registered Business Name or Company Name will protect your interests in that name to an extent, a registered trade mark will offer a […]

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23 October 2012

Is Your Business Above The Benchmark?

Business Benchmarking Many small business owners may not be aware of a tool used by the Australian Taxation Office (ATO) known as benchmarking. Benchmarking involves developing financial ratios from historical tax return information. The ratios can be used by businesses and the ATO to compare a business’ performance to the rest of their industry. If […]

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