Thought Leadership

Who Can Bring a Claim for Unfair Dismissal and How is Compensation Calculated?
The law relating to unfair dismissal claims is contained in the Fair Work Act 2009. Unfair dismissal claims are commenced by filing an Unfair Dismissal Application with the Fair Work Commission. However, an Application can only be made within 21 calendar days of the date the dismissal takes effect.

Unfair Contract Terms post November 2023 Amendments – What In House Lawyers need to know
A comprehensive contract review will be necessary to identify if existing business contracts are standard form or contain any unfair contract terms, and if so, prioritise amending or removing unfair contract terms to align with the revised regulations.

Commercial Lease Disputes
The purpose of this article is to identify issues that commercial landlords need to be aware of so that they can avoid disputes with their tenants and, if disputes cannot be avoided, navigate them in an efficient and cost-effective way.

Options for a Purchaser seeking to retain key staff – Discretionary Bonuses, Contractual Bonuses and ESS
The loss of key staff, particularly in the short term, can be a significant risk and important factor in determining whether to proceed with an acquisition of a business by a purchaser.

The Acquisition of Assets and Shares – Structure, Tax, Duty and Other Implications and Considerations
The purpose of this article is to help investors make a decision as to the structure of a proposed asset/share transaction, and specifically covers the top commercial, asset protection and tax minimisation considerations for these types of acquisitions.

Privacy Considerations for Australian Organisations Engaging Offshore Workers
If you are considering engaging offshore workers, then it is important that you understand your privacy obligations if client or third-party personal information is being provided to the offshore workers.

Directors and Personal Liability – Tips to reduce the risk
This article provides a summary of the types of liability a Director may face, and practical tips to avoid personal liability where possible.

Top 5 Questions Purchasers have when Buying a Business
On 31 August 2023 our Director, Amanda Crosbie and Senior Associate Solicitor, Hamish Taylor hosted a live LinkedIn Q&A answering the Top 5 Questions Purchasers have when Buying a Business.

What to consider if you are thinking about making an Employee a Shareholder
On 1 August 2023 our Director, Amanda Crosbie and Principal Solicitor, Tony Peterson hosted a live LinkedIn Q&A answering What to consider if you are thinking about making an Employee a Shareholder.

Unfair Contract Terms post November 2023 Amendments – What Businesses need to Know to Avoid Unenforceable Clauses and Significant Penalties
This article will focus on the Unfair Contract Term regime to small business contracts only (not consumer contracts) and specifically summaries the laws relating to the Unfair Contract Term Regime as they exist now, examples of Unfair Contract Terms and what businesses need to do prior to the laws changing in November 2023.

Crowd Sourced Funding – a game changer for privately held companies in Australia
This article will look at what Crowd Source Funding is and what is involved in undertaking a Crowd Source Funding campaign.

Financial Assistance and the Whitewash Process – What You Need to Know
Section 260A(1)(a) of the Corporations Act 2001 (Cth) (the Act) generally prohibits companies from providing financial assistance to an existing or proposed shareholder for acquiring shares in itself or its holding entities.