Thought Leadership
What 25 years of resolving business disputes has taught me about protecting growing SMEs.
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Adjudication – 4 Common Pitfalls for Applicants and Respondents
The Building and Construction Industry Security of Payment Act 1999 (the Act) is an incredibly effective way for participants in the construction industry to maximise their chances of fair and prompt payment of invoices rendered.
Surcharge Purchaser Duty – What is it? Who does it apply to? Who might be liable in negligence?
In this article, we’ll explain what Surcharge Purchase Duty and Surcharge Land Tax are, and the types of situations in which the advice provided (or failure to advise) by a solicitor, conveyancer, or other advisor might amount to negligence.
The 6 Steps to Adjudication
The Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Security of Payment Act”) (and interstate equivalent) is unlike any other law in the country. These laws can be the source of significant rights as well as severe adverse consequences for most businesses in the building industry.
Can Employers Mandate COVID-19 Vaccinations for Employees?
Whilst Company mandated vaccines are becoming increasingly common in the United States, in Australia all vaccines for workforces have been made by government under public health orders, up until now.
New Obligations Force Franchisors to be More Transparent
The changes are designed to increase the obligations on Franchisors to be more transparent and increase the information provided to Franchisees.
ASIC – The Role of the Corporate Regulator
Government regulators for businesses have significant powers that can impact your business. Engaging with the regulator in a sensible and productive way can make the process quicker and less stressful.
4 Practical Tips When Being Investigated by a Regulator
This article provides some practical tips when involved in an Investigation by a Regulator.
Business Succession Planning – What is it and Why is it Important?
Business Succession Planning is essential for protecting your interest in a co-owned business and is an integral part of every business co-owner’s individual estate planning.
Personal Guarantees – Why you need to use them and how
Personal guarantees are one of the most useful tools a business can implement to ensure that it is paid by its customers promptly.
Revenue NSW Audits for Foreign Person Surcharge Purchaser Duty
If you are considered a ‘foreign person’ for the purposes of the Duties Act 1997 (NSW) (“Duties Act”), you are also required to pay surcharge duty on the dutiable value of the property you are purchasing (known as surcharge purchaser duty).
Company Constitution and the Replaceable Rules
Most companies will adopt a document called a ‘Constitution’ upon registration. A Constitution is a contract between the company, its Directors and its shareholders that prescribes the governing rules and overall management of the company.
Sale of Business – Why is the Apportionment between Goodwill and Equipment relevant?
If your sale of business includes the transfer of both equipment and goodwill, the sale price will need to be apportioned between equipment and goodwill. There are tax implications of this apportionment and as such it is best to seek advice from your Accountant prior to agreeing to an apportionment in the sale of business…
