Business Structures 101 – Companies

There are several different types of business structure: including sole traders, companies (also known as corporations), trusts, and partnerships. When commencing a business, you should consider the most appropriate type of business structure to put in place. Different business structures have different advantages and disadvantages. This article looks specifically at companies, including how to set […]

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Resolving payment disputes under the Construction Contracts Act 2004 (WA)

Image of red hard hat on construction plans

If a payment dispute arises under a construction contract in Western Australia, the Construction Contracts Act 2004 (WA) (“the Act”) provides a rapid adjudication process to resolve the dispute. Other states have similar legislation. The Act provides a rapid adjudication process for payment disputes, while not affecting the parties ultimate rights under the contract. The […]

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When can directors be liable for company debts?

Picture of a brick wall with the slogan "until debt do us part"

A company is an association incorporated under the Corporations Act 2001 (Cth) (“Act”). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its own right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised to […]

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Disputes between co-owners of land

Image of two cartoon people splitting a house down the middle

When people own land jointly, co-ownership disputes can arise. In this article, we look at the different ways in which land can be owned, and what can potentially go wrong. Co-owners may hold land as “joint tenants” or “tenants in common”. The way land is held is important because it impacts on the way the […]

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Restraint of trade clauses

Close up of an employment contract

Restraint of trade clauses, or post-employment restraints, play a crucial role in protecting the legitimate interests of the employer. Serious damage can be done to a business’ profitability if an employee resigns and takes customers or clients with them, or uses the business’ trade secrets in competition with that business. To protect legitimate business interests, […]

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Power of Attorney Abuse

A Power of Attorney is a legal document authorising a person to act for you and make binding decisions on your behalf.  Unfortunately, a Power of Attorney is also prone to abuse. A Power of Attorney is usually prepared: to facilitate and complete transactions when you are unavailable to do so, for example, while travelling; […]

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Benefits of Mediation in Commercial Disputes

Lawyers are often stereotyped as being interested in prolonging an expensive Court action, more often the opposite is true. In this article, we set out some of the benefits of mediation in commercial disputes. Lawyers know that Court cases are expensive and the results are often uncertain. Lawyers interested in preserving long-standing relationships with their […]

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Marriage, Divorce and your Will – What you need to know

Yellow Caution Sign

About half of all Australians don’t have a valid Will. Of those who do, many put their Will away in the bottom drawer of their filing cabinet and never think of it again. But making a Will is not a once in a lifetime task. Rather, it’s something that needs to be reconsidered and perhaps […]

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Does your business have a Will?

Picture of a Last Will and Testament

Most people recognise the importance of having a Will to determine how their estate is to be distributed to loved ones when they pass away. However, if you’re a partner in a business or a shareholder of a company, having a succession plan for your business is equally important. Think about what may happen to […]

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Investigating Employee Misconduct

Employee misconduct investigation is quickly becoming more common in the workplace today as employers and managers seek to quickly resolve internal strife. However, the investigation of misconduct in the workplace remains a difficult task for employers. It is not in any employer’s interests to leave these issues unresolved as they can turn into very damaging […]

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