201901.28
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A Franchise Agreement explained

Since the early 1970’s buying and operating a franchise business has become an increasingly popular way for many Australians to own and operate their own business. Initially franchising in Australia almost always involved a foreign parent company or brand. However, today the majority of franchise businesses operated in Australia are home grown. Just as the…

201901.28
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When post-employment restraints are too broad

The Victorian Court of Appeal recently revisited the enforceability of restraint clauses in employment contracts. Just Group Limited (ACN 096 911 410) v Nicole Peck [2016] VSCA 334 considered an appeal from a Supreme Court decision (Just Group Limited v Peck [2016] VSC 614) which determined Ms Peck, a former employee of Just Group Limited…

201901.28
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Estate planning for blended families

Most of us appreciate the importance of making a Will and having an estate plan that sets out how we would like to provide for our loved ones when we die. If, like many Australians, you belong to a blended family, there are additional considerations when planning your estate. Most typical will be ensuring that…

201811.12
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Estate Planning – what is an Estate Plan?

An estate plan involves more than signing a Will and storing it in a ‘safe place’. Estate planning requires a holistic approach in consideration of a person’s present circumstances and foreseeable future. A plan needs to consider who matters, what you have now, what you may have in years to come, and what your final…

201810.09
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Consequences of sharing company secrets with competitors

Employees have a duty of confidentiality and good faith to their employers and employers have a right to ensure that company information is not misused or wrongfully disclosed. But what happens when a company’s information is ‘stolen’ and ends up in the hands of a competitor? The unauthorised disclosure of confidential information or sharing of…

201810.09
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The risks in referring to unattached documents in an agreement

It is common for parties to an agreement to refer, in the agreement itself, to additional documents. These additional documents are sometimes, although regrettably, not always annexed or attached to the actual agreement. In adopting this course of action the parties may be endeavouring to streamline or simplify the body of the primary agreement and…

201808.27
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How Directors can mitigate against personal liability

Long gone are the days when accepting a directorship meant occasionally turning up to a company’s annual general meeting, accepting a director’s fee and turning a blind eye to how a company was actually being run. In recent years, with increasing regularity and at times severity, Australian Courts have made it clear that directors have…