In a recent survey conduct by a multinational professional services firm based in Australia, it has been determined that many Australian organisations are not prepared to meet the increased threat of cyber-attacks. In a report titled, ‘Perspectives on Cyber Risk 2017’ (‘the Cyber Report’) it was reported that 18 per cent of respondents said that […]
Fashion and home furnishing company Laura Ashley was placed in administration in January 2016, electronics magnate Dick Smith went into receivership the same month, fashion retailers Marcs and David Lawrence were placed into voluntary administration in February 2017, and childrenswear retailer Pumpkin Patch is currently in receivership, with its last remaining store fronts to close […]
We are all familiar with the difficulty that is sometimes faced when a tenant does not observe the terms of a lease particularly in the area of maintenance and repair of the leased premises. It is less frequent to encounter a situation where a tenant complains that a landlord has not maintained the premises in […]
Statutory demands can be defeated by a genuine dispute or a genuine offsetting claim. Who says what is “genuine”? If you run a company and you receive a statutory demand at your registered office, you need to seek legal advice fast. You only have 21 days in which to settle the matter with the person […]
It is becoming more and more common for companies to send out documents which contain an electronic signature of a director. What happens when a staff member includes your electronic signature on an important document without your knowledge or approval? The NSW Court of Appeal has recently dealt with a case where an administration officer […]
Business and consumers take note that from 1 September new laws come into force that aim to prevent businesses from charging ‘excessive’ surcharges for credit and debit card payments. The Competition and Consumer Amendment (Payment Surcharges) Bill 2015 (Cth) was passed earlier this year which contains a new law providing that “a corporation must not, […]
Family trusts are a common vehicle for families to hold assets and/or conduct business. There a number of things to consider when establishing a family trust but one of the threshold questions is whether a company should be set up to be the trustee? The answer to this question will vary depending upon the circumstances, […]
The Property, Stock and Business Agents Amendment (Underquoting Prohibition) Bill 2015, to amend and strengthen the provisions prohibiting underquoting contained in the Property Stock and Business Agents Act 2002, will be in force from 1 January 2016. The aim of the reforms is to prevent the high costs to purchasers of obtaining pre-purchase reports such as […]
With the recent rise of online market stalls like Etsy and Ebay and the resurging popularity of community market days, the lines between what constitutes a business and a hobby are becoming increasingly blurred. Whilst attending the occasional market stall on an ad hoc basis to sell your homemade jewellery or jam may not be […]
One of the most significant changes in commercial law in 2016 will be the implementation of recent legislative changes extending Australian Consumer Law protections against unfair contract terms to small business operators. The changes under the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015, will apply to unfair terms in standardised, non-negotiable […]
