Can you fire an employee for breaching a workplace policy?

So, can you fire an employee for breaching a workplace policy? The short answer is—it depends. Businesses often have workplace policies in place that set out the standard of behaviour that is expected of their employees. Some examples of important workplace policies include: Codes of conduct; Health and safety policies; Bullying and harassment policies; Internet […]

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Commercial Leasing and COVID-19: Mandatory Code of Conduct released

The economic impact of COVID-19 on business generally, and commercial leasing arrangements is the focus of many landlords, tenants and governments. On 7 April 2020, the Federal Government released its much-anticipated Mandatory Code of Conduct – SME Commercial Leasing Principles during COVID-19 (the Code). The Code adopts and builds on principles from National Cabinet Meeting […]

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Business Structures 101 – Sole Trader

When commencing a business venture, it is important to consider the most appropriate type of business structure to put in place. Different business structures have different benefits and disadvantages. This article looks at the sole trader business structure – how to set up as one and the pros and cons of this structure.  This article […]

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Can a contract be suspended or terminated because of the COVID-19 pandemic?

The COVID-19 pandemic is having a significant influence on the responsibility of parties to perform in terms of commercial contracts. Some examples might be: A supplier agreed to supply certain products in terms of a contract, but due to the pandemic stock cannot be obtained to honour the contract. A contractor agreed to construct or […]

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Left out of a will?

Left out of a will? All jurisdictions in Australia provide statutory rights for eligible persons to contest a will, or distribution of an intestate estate if they can show that the proposed distribution does not adequately provide for their proper maintenance, support, education or advancement in life. If such a claim is successful, the Court […]

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Business structures 101 – Partnerships

Before you embark on a business venture, you should consider the most appropriate type of business structure to put in place to operate that business venture. That is, will you operate the business just by yourself (as a sole trader), in partnership with other individuals or companies (called a partnership), or will you set up […]

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Minimising directors liability

This article explores a potential method of minimising directors liability. Company directors have many responsibilities when carrying out their duties. Generally, company directors are not personally liable for a company’s debts. However, certain circumstances can arise in which directors may find themselves personally facing legal or other regulatory action. In addition to potential civil proceedings being […]

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What a Will kit doesn’t do

Picture of a Last Will and Testament

There are various ‘Will Kits’ available online – most are cheap or free and all you need to do is download them and fill in the blanks. Some websites even boast that you can prepare your will ‘without spending hundreds of dollars on legal fees’. Simple, right? Not really. A will is an important document […]

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Misleading or Deceptive Conduct in the Sale of a Business

Allegations of misleading or deceptive conduct in the sale of a business are not uncommon, especially where the business does not perform as expected. A buyer of a business is responsible for checking the value and suitability of the business before a purchase is made. However, you must be careful when making representations during negotiations […]

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Who can attend a mediation?

We are frequently asked by parties to a dispute, who can attend a mediation? Unfortunately, this can be an area of additional conflict between the parties, especially if not discussed and agreed in advance of the mediation. We think it is best practice to think about who is going to attend the mediation well in […]

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