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Michael Can  /  23 Nov, 2023

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.

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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.

23 Nov, 2023
Hamish Taylor

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.

25 Sep, 2023
Amanda Crosbie

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.

25 Sep, 2023
Amanda Crosbie

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.

14 Sep, 2023
Amanda Crosbie

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.

14 Sep, 2023
Amanda Crosbie

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.

06 Sep, 2023
Hamish Taylor

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.

17 Aug, 2023
Amanda Crosbie

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.

10 Aug, 2023
Amanda Crosbie

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.

10 Aug, 2023
Hamish Taylor

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.  

10 Aug, 2023
Amanda Crosbie

Is Your Company Insolvent?

Noting the repercussions for company directors if they allow their company to trade whilst insolvent, company directors should be mindful of the solvency of the company at all times.

10 Aug, 2023
Amanda Crosbie

Smooth Transition to Retirement: Key Steps for Medical/Specialist Practice Owners in Business Succession Planning

In this article we will refer to Business Succession Planning as the planning of the transfer of your (and your business partners’) interest in your business to a successor by retirement, including early transition to retirement.

25 May, 2023
Amanda Crosbie