With interest rates rising and the cost-of-living soaring, many of our corporate clients find themselves in situations where they have creditors chasing them for money. For some of our clients this results in creditors applying to the court to have their company wound up. If you or your accountant receives a Creditors Statutory Demand under... Read more » Read more...
Can an employee be forced to take gardening leave in Victoria?
Gardening leave is becoming increasingly common upon the termination of employment in Victoria and is in many cases a viable alternative to a restraint of trade. Find out if any employee can be forced to take gardening leave upon the termination of their employment from your business. Read more...
Working Out If Premises Are Retail Or Commercial?
Working out if premises are retail or commercial can have significant implications for both landlords and tenants. Whilst identifying a retail lease is usually straightforward, there are difficulties associated with identifying commercial leases. Careful legal drafting will ensure that landlords and tenants know where they stand on this issue. Read more...
Owners Corporations, Landlords and Airbnb
Recent decisions by the Victorian Supreme Court are affecting Owners Corporations and Landlords who want to stop short-term Airbnb rentals. Read more...
Cashing Out Annual Leave
By a decision handed down on 3 August 2016, the Fair Work Commission has given millions of employees nation-wide the option of cashing out their annual leave rather than being required to take time out from work for holidays. Whilst already possible for employees subject to enterprise agreements and employees who have been award/agreement free under the... Read more » Read more...
Beware Automatic Contract Renewal Clauses
How long does your contract with your internet provider last? Or with your water cooler contractor? Or your ad words agency; waste removal contractor; consultants; lessor or hiring contractor; or your communications provider? You might believe that your contract lasts for one year (or whatever term you have negotiated with your supplier) but you may... Read more » Read more...
7 Ways to Reduce the Risk of Building Claims
Builders- please read on for 7 Ways to Reduce the Risk of Litigation for Domestic Builders based on Melissa Henderson's personal experience as CEO of a large domestic home extension company for over five years. Read more...
New laws extending unfair contracts laws to small business
New laws extending unfair contract laws to small business via changes to the the Australian Consumer Law (ACL) and the Australian Securities and Investment Commission Act 2001 (Cth) (ASIC Act) have recently passed through both houses of the Federal Parliament. The new unfair contract laws will however only apply to: small business with less than 20... Read more » Read more...
Removing bad reviews from the internet
DO YOU HAVE BAD REVIEWS ON THE INTERNET TURNING YOUR CUSTOMERS AWAY AND HARMING YOUR REPUTATION? The Supreme Court of South Australia has upheld a claim made by a health researcher against Google for defamation due to Google failing to remove links to harmful material against the Plaintiff on a “shaming” website. The Plaintiff asked... Read more » Read more...