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Can we have a “stand down without pay” clause in our employment contract?
This was a question posed to me recently by a client who employs staff on a casual basis. My client risks a number of good staff leaving him, if he…
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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…
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Why every business owner should have a Business Will
A Business Will, or a Buy-Sell Agreement, is something that I strongly encourage all my clients who are business owners to have. A properly drafted Business Will, will allow for…
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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…
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How to properly call a General Meeting in your private company
I have recently been asked by clients about the proper procedure to follow when calling a General Meeting (GM) of a private company. A private company is required to hold…
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Selling a Franchised Business
Selling your franchised business can be a complex and stressful exercise. The transaction tends to be more complex than the sale of a non-franchised business sale due to the third-party…
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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…
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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…
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Circulating Resolutions
I have recently been asked to advise what the alternatives are when dealing with a general meeting of shareholders/members of a private company. If you are considering calling a general…
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What is Repudiation of a Contract?
I have had a number of clients recently approach me in relation to contractual disputes. Often we need to consider whether repudiation has taken place. Repudiation of a contract occurs…
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Protect your smart idea
In difficult financial climates, the businesses that flourish are those that are not afraid to diversify the products or services that they offer to their clients or customers. Whether it…
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Is your social media policy strong enough?
I recently read the case of Glen Stutsel v Linfox Australia Pty Ltd [2011] FWA 8444 which got me thinking of all the points my clients have to consider before…
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