Blog News

2 April 2012

Trade Agreements

I often have clients contact me seeking advice in relation to a dispute that they are having with parties that they trade with in their business, such as suppliers and customers. The first question I ask is what the terms of their trade agreement are, and often I am told that there is nothing in […]

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23 March 2012

Warranties against Defects

I was recently asked to speak for the Australian Institute of Company Directors to provide a business legislation update for 2012, for the Sunshine Coast chapter. One of the topics that I discussed was the amendments to the Australian Consumer Law. From 1 January 2012 if you are in business and choose is to provide […]

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20 March 2012

Business Succession Planning

Business Succession Planning can be a difficult and long process, however the rewards of a properly documented Succession Plan far outweigh the time and effort spent in preparing the plan. Too often have I seen clients attend my office after an event such as death or retirement where a business is suffering. Often problems could […]

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28 February 2012

Notice Period for Terminating Employment

Ever wondered how much notice you are required to give when terminating employment? Other than looking to the employment contract itself, the first point of reference is always section 117 of the Fair Work Act 2009 (Cth). This section outlines the minimum notice periods which an employer is required to give an employee upon termination: […]

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24 February 2012

Why do employment relationships fail?

When drafting employment agreements, I often get asked how to avoid a breakdown in employment relationships between the employer and employee. I usually suggest that employment relationships fail for three reasons: 1.  The employee should never have been hired; 2.  There are no proper steps in place for resolving workplace issues; 3.  There is no […]

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30 January 2012

Asset Protection and Discretionary Trusts (Part Two)

In a recent blog I discussed some general comments about Discretionary Trusts and Asset Protection. In this blog I will speak more specifically about the limitations of Trusts in Asset Protection. Limitations on Asset Protection of Discretionary Trusts It is very important to understand some limitations that a trust has for asset protection strategies: Family […]

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25 January 2012

Asset Protection and Discretionary Trusts (Part One)

I was recently requested by KMPG on the Sunshine Coast to address their accountants in relation to my thoughts on trusts and asset protection. This is a very good topic and it highlights the importance of giving detailed consideration, and obtaining appropriate advice, before a business or asset ownership structure is established. In this blog I […]

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11 January 2012

Restraint Of Trade Clauses

I was recently asked by a client to obtain a Barrister’s opinion in relating to specific restraint of trade clause in a commercial agreement that he had signed. I often get asked by clients about the enforceability of restraint of trade clauses and whether or not they are void. Is a Restraint of Trade Void? […]

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7 December 2011

Urgent Alert Australian Businesses – Are you ready for PPSA?

The Personal Property Securities Act (“PPSA”) will come into effect early in 2012. This legislation is very important and you need to act now. It will dramatically alter the way in which security over personal property can be protected. “Personal property” is any property, whether tangible or intangible, e.g. machinery and equipment, inventory, motor vehicles, […]

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1 December 2011

Employee vs Contractor

I have recently had a number of clients query as to whether they can hire people as a contractor rather than a employee. The difference is substantial and the consequences are significant if not done properly. To give you an indication of the legal difference between an employee and a contractor I advise as follows: […]

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