Author: Glenn Ferguson

17 January 2020

Australian Financial Complaints Authority (AFCA) – What is it?

On November 1, 2018 the Australian Financial Complaints Authority, or AFCA, commenced to receive complaints from consumers and small business. What is the Australian Financial Complaints Authority (‘AFCA’)? AFCA is not a government department or agency and is not a regulator of the financial services industry. AFCA are a not-for-profit company, limited by guarantee that is governed by a […]

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26 November 2019

What are your legal rights when your land or property is being resumed through Compulsory Acquisition?

Why would my land be resumed? With the many major infrastructure projects (such as construction of new roads and busways) currently being undertaken across Queensland, many landowners are having part, or all of their property resumed/acquired by an authority to make way for the infrastructure. This process is known as Compulsory Acquisition. Compulsory acquisition occurs […]

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18 November 2019

Is a charity or not-for-profit organisation required to have a Whistleblower policy?

From 1 January 2020 charities and not-for-profits structured as public companies (including companies limited by guarantee) and large proprietary companies must have a whistleblower policy unless they have an annual consolidated revenue of less than $1 million. There is an obligation to make the policy available to all employees and office holders of the company. […]

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12 November 2019

Cross River Rail – Resumption of land and properties. What am I legally entitled to claim in compensation?

The Cross River Rail is one of the largest infrastructure projects to be undertaken in South East Queensland. The Project team have stated, “It is a critical public transport infrastructure project which will improve quality of life, help our economy keep growing, generate thousands of jobs, and activate urban development across the whole region.” As […]

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23 September 2019

What is a Restraint Clause?

Business owners put a lot of hard work and effort into building their business. It is important to protect your commercial information and intellectual property. What do you do when an employee leaves to work for a competitor? Firstly, it is very important to have a well drafted employment agreement in place which contains strong […]

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16 September 2019

What can I do if I am in dispute with my franchisee?

We are seeing more and more high-profile disputes with some of Australia’s leading franchises as franchisees work together to challenge the imbalance of power often between the franchisee and the franchisor. High profile cases like Mortgage Choice, Retail Food Group, Ultra Tune, Nando’s and 7-Eleven have shed light on the fact that all is not […]

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12 September 2019

Should I file a trade mark if I have been using it for years?

Trade marks are everywhere in our world and any business needs to understand how to protect their intellectual property just as much locally as globally. It has often been said that a trade mark can be your most important and valuable tool to market your business, your goods or services. Trade marks can be misunderstood. […]

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7 June 2019

Shareholders Agreements – What are they?

One of the most important documents that a company should have is a shareholders agreement. It will outline in detail how the company should be operated and outlines all shareholders’ rights and obligations. Whilst the Corporations Act 2001 and a company constitution provide a range of safeguards, obligations and procedural matters relating to how shareholders […]

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30 April 2019

Finally, a clean-up of the franchising industry – is it long overdue?

A parliamentary inquiry into the franchising industry handed down its report in March. The report has made 71 recommendations, which if adopted, will see a significant change to how the franchising industry in Australia will operate. The bipartisan report was damming in its review and called for new laws and greater enforcement powers to the […]

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11 October 2018

How do i prepare my business for sale?

No matter how small or big your business is, if you intend putting it on the market for sale there are a few rules that will make the process easier and ensure you obtain the maximum sale price. Have a plan and a strategy in place Know your financials and make sure there are strong […]

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