Shhhhh! Keeping a company’s confidential information a secret

All businesses, especially those involved in any form of innovation, need to take steps to prevent employees from leaving with confidential information. Most employees are aware of their duty to act in good faith and not to use an employer’s conditional information wrongfully. But what happens when an existing employee provides a company’s confidential information […]

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Alternatives to Bankruptcy

You may be having difficulty managing your financial affairs and have debts that you cannot pay.  You may even be considering declaring yourself bankrupt. Before you do, you should consider some alternatives to bankruptcy. Informal agreement An informal agreement is an arrangement made between a debtor and their creditors to settle their debts.  Informal agreements […]

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The role of an expert witness in a commercial dispute

Engaging an expert witness for your commercial dispute can be critical to ensure the success of your legal case. It is important to understand the role of an expert witness in a commercial dispute in Western Australia so you can get the best value out of their services. An expert witness is a person who […]

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Implementing and Enforcing a Dress Code Policy in the Workplace

It’s fair to say that ‘self-expression’ through body art such as tattooing and facial piercings is on the increase. But is it fair that employers can have policies regarding appearance, that ban visible tattoos or facial piercings, or that allow discretion not to hire somebody on the basis of their ink and piercing choices? Generally, […]

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Alternative Dispute Resolution Explained

Litigation can be a costly and time-consuming process and parties are increasingly seeking alternative forms of resolving disputes.  This article provides an overview of the main types of alternative dispute resolution (ADR) and their respective benefits and limitations. What is ADR? The term ADR is used to describe dispute resolution processes that do not involve […]

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A spouse contesting a will

All jurisdictions in Australia provide statutory rights for eligible persons to contest a will on the basis that they have not been left adequate provision by the testator for their proper maintenance, education, and advancement in life (known as a “family provision claim”). In Western Australia, an eligible person generally includes: a spouse or de […]

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Risky business: directors personal guarantees in leases

If you are a director of a company entering a commercial or retail lease, a landlord will likely require you to give a personal guarantee for the company’s obligations under the lease. In such cases, directors should fully comprehend the extent of the guarantee they provide, and obtain appropriate legal advice to minimise financial exposure. […]

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Claims against companies in liquidation

Companies and liquidation A company is said to be insolvent when it is unable to pay all its debts as and when they fall due.  The Corporations Act 2001 (Cth) (Act) sets out the procedure to appoint an official liquidator to wind-up the company.  During the winding-up process, a liquidator will ascertain the company’s debts, […]

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Boardroom bullying: When governance crosses the line

Boardrooms are often the place of heated debate over a range of matters affecting the operations of an organisation. It is not unusual for egos to be tested and tempers tried when board members, equally passionate about the best interests of the organisation, engage in various tactics and strategies to put across their point of […]

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Can my landlord stop me from assigning or subletting my lease?

Throughout the course of a lease, tenants may want to assign or sublet their lease if they sell their business, wish to move or encounter financial difficulty. However, this process can pose several legal challenges. Whilst in some cases assigning or subletting may be prohibited, the majority of leases contain a clause, which specifically prevents […]

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