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 […]
In a strong local property market, auction is becoming a popular means of selling property. Prior to attending an auction, it is important to be well prepared. The primary reasons that vendors opt to sell their properties by way of auction instead of private treaty are to create a sense of urgency and competition between […]
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 […]
As the NSW state government considers its position on the regulation of the ride-sharing service Uber, it is timely to consider how certain ‘digital disrupters’ such as Uber fit within other parts of our current legal framework. While non-traditional business models of disruptors like Airbnb and Uber are radically changing the face of the global […]
MANY months on from the April super-storm that swept through the Hunter, our community still bears the scars of substantial storm damage, with some residents remaining unable to return to their homes and many businesses still without repairs completed. Delays and non-responsive claim managers are leading to widespread frustration due to unprocessed claims. Insured parties […]
The rapid rise of online sales doesn’t appear to be slowing anytime soon. The National Australia Bank recently estimated that last financial year Australians spent $17.3 billion online. With this growth, businesses are increasingly shifting their focus from bricks and mortar to the provision of goods and services online. But business owners should be mindful […]
What you think of as pre-contractual negotiations may amount to a binding contract, even though no formal contract has been signed and not all terms have been negotiated, according to a recent Queensland Supreme Court decision. The decision highlights the need to be diligent in all communications regarding proposed contracts, says commercial property lawyer DEAN […]
Before a contract for sale of a business is issued, there are a number of matters that must be negotiated. What these matters are will vary from business to business and industry to industry, according to partner and commercial lawyer, DEAN FRITH. These are some of the key issues a purchaser consider: What you are […]
