Sham contracts (Employee v Contractor) and a recent High Court decision
The Decision The High Court of Australia handed down a decision with the effect that an “employer” cannot avoid the sham contracting provisions in the Fair Work Act simply...
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What is a Heads of Agreement and are they legally binding?
This is a follow-up to our previous article – Capital Gains Tax: Timing is everything for a seller What is a Heads of Agreement? A Heads of Agreement, properly...
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Franchise Disclosure Documents: Everything You Need to Know
The franchising industry in Australia is regulated by the Franchising Code of Conduct. Part 2 of the Franchising Code contains provisions that make it mandatory for all franchisors to...
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Should I put an employee on Gardening Leave following resignation?
Is it wise to place an employee on Gardening Leave following the employee’s resignation? What is gardening leave? Gardening leave is when an employee is directed to not attend...
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Misleading and deceptive conduct in recruitment
How to avoid making misleading and deceptive statements pre-employment when recruiting in Australia If you are a business owner, you should be cautious when making pre-employment representations to prospective employees...
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Right of termination in a contract: A $146,000 reason to use caution!
Right of termination in a contract: A $146,000 reason to use caution! When adding a right of termination to a contract, it’s important to have a lawyer draft the...
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4 of the most common issues in business contracts
4 of the most common issues in business contracts Every business will have to make new contracts at some stage, and the consequences of getting them wrong can be...
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The trouble with being an SME that deals with big business
The trouble with being an SME that deals with big business As an SME, entering into a business contract with a large corporation can seem like a fantastic windfall...
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Is an illegal contract void or enforceable?
Is an illegal contract void or enforceable? The NSW Court of Appeal dismissed an appeal from a vendor to the sale of real property, in regards to a decision...
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Personal Guarantees: Do you know what you are signing?
Personal Guarantees: Do you know what you are signing? Our firm is frequently involved in litigation concerning personal guarantees. A familiar scenario is one where a company director is...
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