Blog News

5 February 2019

Are you acting in good faith as a franchisor?

The Federal Court in a recent decision found one of Australia’s largest mechanical/automotive franchisees, Ultra Tune, was found to have breached its obligation to act in good faith to one of its Franchisees. Read the article regarding Ultra Tune here. It is the first time the Australian Competition and Consumer Commission (ACCC) has brought proceedings […]

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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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28 September 2018

State Government valuations of your property – not always black and white

Statutory land valuations are the basis for the calculation of: Land tax Council rates State leasehold rents. How are the valuations decided? Generally: All land is valued based on a freehold value, even if it is leasehold. Each legal Lot is valued, although the Valuer-General also has the power to declare particular parts of a […]

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21 November 2013

What is a contract?

Whilst this question appears on its face to be a very basic one, I am often presented with matters where a dispute has come about due to one or more of the parties failing to appreciate the circumstances in which a contractual relationship will arise. What Is Needed For An Agreement To Be Binding? In […]

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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Things to look out for now that the carbon tax has been repealed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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12 August 2014

Are trust assets safe if a corporate trustee is liquidated?

The answer is no. In the recent Federal Court of Australia decision of Kitay, in the matter of South West Kitchens (WA) Pty Ltd [2014] FCA 670 (“the decision of Kitay”) the Federal Court held that a liquidator of a corporate trustee could sell the trust assets without first obtaining a court order. In the […]

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27 August 2014

The price of sexual harassment

If anyone has been ignoring sexual harassment in the workplace, the case of Vergara v Ewin (FCAFC) should cause everyone to start taking the issue seriously. It’s no longer just about unwanted behaviour around the office that employers need to be worried about. What staff get up to outside office hours should be of equal […]

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11 September 2014

ASIC’s Disqualification of Director Power Upheld

The Australian Securities and Investment Commission’s (ASIC) power to disqualify directors is not a power to be overlooked. What is ASIC’s disqualification power? Under section 206F of the Corporations Act 2001 (Cth), ASIC has the power to disqualify a person from managing a corporation for up to 5 years where that person has acted as […]

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17 September 2014

High Court finds that there is no implied term of mutual trust and confidence

This week, the High Court held that there is no common law term of mutual trust and confidence implied into Australian employment contracts. In Commonwealth Bank v Barker, the five members of the High Court found that it was wrong to conclude that the implied term of mutual trust and confidence had become part of […]

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19 September 2014

Increased disclosure obligations for liquidators under the ARITA Code

Changes to the Privacy Act and the decision in the Federal Court of Australia case of Australian Securities and Investments Commission v Franklin (liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCAFC 85 (‘Walton appeal decision’) prompted the addition of section 6.6.1 to the Australian Restructuring Insolvency and Turnaround Association (ARITA) Code of […]

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