Archive for the ‘ Business and Commercial Law ’ Category

Another good example of why you should get legal advice before you grant any right of occupation in respect of your premises… In a very recent case, a short term licence agreement between the North Bondi RSL Club and a bistro operator was held to constitute a retail lease for the purposes of the Retail

Business be warned:  Advertising materials must comply with the Australian Consumer Law… Home building company Metricon Homes has been ordered to pay $800,000 in penalties plus costs to the ACCC for making a number of false or misleading representations in its advertising and promotional materials, which were distributed in newspapers, and in Metricon’s display centres.

There have always been good reasons for business owners, together with all investors and retirees with a solid asset base, to consider utilising testamentary discretionary trusts in their wills. With personal tax-free thresholds up substantially to $18,200 per annum, from 1 July 2012, there is now more reason than ever to consider this. These trusts

The national business names register commenced on 28 May 2012, replacing all state business name registers. Previously, under individual state laws, registering business names was relatively expensive, particularly if you wanted your business name recognised in more than one state. Now, you can register a new business name online that applies nationally. The application of

Over 6.5 million Australians own shares but many are unaware of their rights that are attached to being a shareholder. Most people assume that they hold a percentage of the company ownership, and that it is their right to be paid a dividend for their portion of ownership if the company makes a profit. But

If you sell goods on credit and hope to have protection through your current Terms of Trade retention of title provisions…you can forget it if you don’t register under the new PPS system from October… Clinch Long Letherbarrow BizLaw BulletinIf your business provides goods or services on a title retention basis, you may no longer

Businesses With Facebook “Fan” Pages Beware – It is Possible You Can Become Liable For Comments by Others In Social Media… FacebookWith a recent publication stating that an average internet user spends more time on Facebook than on Google, Yahoo, YouTube, Microsoft, Wikipedia and Amazon combined, it is hardly surprising that Facebook has become a

What is PPSA? The Personal Property Securities Act (PPSA) is due to commence on 10 October 2011. It essentially replaces all current law applicable to the taking of security over personal property, including replacement of ASIC charges register and REVS (vehicles). A key feature of the new legislation is the creation of the Register of

The 2011 Federal Budget may have been relatively mild with few surprises or major changes for average Australians but for all Australian company directors it was very significant. The Budget announced its plan to counter “fraudulent phoenix activities” by increasing personal liability for directors. What are “phoenix activities”? ASIC defines phoenix activities as those when