Thought Leadership
What 25 years of resolving business disputes has taught me about protecting growing SMEs.
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Terminate or Transfer Employees in a Sale of Business?
It is critical for all parties to a sale of business transaction to understand their legal rights and obligations in relation to existing employees of the business and the financial cost of termination and/or transferring of employment.
My Home Builder is “running late”. When can I terminate my residential building contract and get another builder to complete the work?
My Home Builder is “running late”. When can I terminate my residential building contract and get another builder to complete the work?
How Courts Consider Descriptions of Work in Payment Claims & Reasons for Withholding Payment in Payment Schedules
In this article we consider how the Courts consider the adequacy of describing works or reasons for withholding payment in assessing the validity and reliability of Payment Claims and Payment Schedules.
When and Why You Need a Shareholders’ Agreement; and What Should it Cover
A Shareholders’ Agreement is a private binding contract between shareholders of a company.
Increased ATO debt recovery action likely to lead to credit tightening and increase recovery action for SMEs
Recently, liquidators we have dealings with, are reporting an increase in enquiries relating to new collection activity from the ATO as it seeks to address the $1.3 billion shortfall against its compliance revenue target.
How can my Company Raise Capital from Investors without a Prospectus?
Both Public and Private Companies seeking to raise money from investors need to comply strictly with the capital raising rules set out in the Corporations Act 2001. Failure to comply can result in fines or even imprisonment in severe cases.
Made Redundant? Can Employers Reduce an Employee’s Redundancy Payment?
Redundancy occurs when an employer no longer requires an employee’s job to be performed by anyone because of changes in the operational requirements of the business and consultation with the employee has occurred.
Home Builders: Dealing with Material Shortages & Price Increases
We’re seeing more and more builders going into liquidation leaving homeowners with half finished houses that good builders don’t want to touch because firstly, the previous builder’s building work could be a warranty liability and secondly because they still have their own full books to run.
Employment Lawyers’ Top 3 Principles for Effective Employee Management
Based on my experiences dealing with employee related claims and disputes, find out my top 3 tips for employers wishing to avoid legal problems relating to their employees.
How Do You Enforce Foreign Judgments In Australia?
If you are a business located outside of Australia or an overseas legal practitioner acting for clients and looking for ways to recover judgment debts from a person or business with assets in Australia, then it is important that you carefully consider the available process for registering and enforcing foreign judgment in Australia to avoid…
Getting Security of Payments Right
Subcontractors often come to us at the eleventh hour for help when they haven’t been paid, but there are some common pitfalls that can put the benefit of the Security of Payments Act out of their reach. In this article I have summarised some of the most frequent problems encountered.
New Risk Fines for Residential Builders – Are your Residential Building Contracts Compliant?
Residential builders in New South Wales risk significant fines if they do not comply with their newly-created obligations in relation to the Building and Construction Industry Security of Payment Act 1999 (NSW).
