201830.04
Off
0

Do you know when to update your Will?

Do you know when to update your Will? Most people are aware that a valid Will determines how their assets are dealt with after they are gone. Wills generally provide for the appointment of a trusted executor/s and gifts to chosen beneficiaries. They may also appoint guardians for minor children and give direction for specific…

201830.04
Off
0

Time to review your credit card charges

Under the Competition and Consumer Act 2010 (Cth) businesses may be fined for excessive credit and debit card payment surcharges. A payment surcharge is defined as: an amount charged, in addition to the price of goods or services, for processing payment for the goods or services; or an amount (however described) charged for using one…

201830.04
Off
0

Is one director’s signature sufficient in an agreement?

The valid execution of a document is usually critical to its enforceability. Whether one director’s signature is sufficient to validate an agreement turns on the company’s constitution and statutory provisions regarding the exercise of company powers and the proper execution of documents. Dealing with company officers The Corporations Act 2001 (Cth) provides guidance for third…

201820.03
Off
0

Can company directors divert business opportunities?

A director’s position in a company is one of power and trust. As a consequence, a director has a duty to act in good faith and in the best interests of the company. A director’s obligations are determined by statute under the Corporations Act 2001 (Cth) and by his or her fiduciary duties under the…

201820.03
Off
0

Got a dress code? What if your receptionist gets a neck tattoo?

It’s fair to say that ‘self-expression’ through body art such as tattooing and facial piercings is on the increase. But is it fair that employers can have policies regarding appearance, that ban visible tattoos or facial piercings or that allows discretion not to hire somebody on the basis of their ink and piercing choices? Generally,…

201820.03
Off
0

Dealing with deceased estates – Executor duties

After a person dies someone has to look after the assets of that person and pay the person’s debts. Although the person is no longer here, his or her affairs must be finalised and the person to finalise the affairs may be appointed by the Will of the deceased. Where a person is appointed by…

201806.02
Off
0

Alternatives to Bankruptcy

You may know someone who is having difficulty managing their financial affairs and has debts and liabilities which they cannot meet. They may be considering declaring themselves bankrupt. Before they do so, consideration should be given to some alternatives which are available aside from becoming bankrupt and which we have outlined below. Informal agreement An…

201806.02
Off
0

A restraint of trade must be fair

Globalisation and technology has contributed to increased market competition and businesses are more determined than ever to protect their goodwill, trade secrets and customer connections. Including restraint of trade clauses in employment contracts is one way to achieve this. A restraint of trade clause attempts to prevent an employee from engaging in competitive activities which…

201806.02
Off
0

Retail Leasing Disclosure Obligations

When leasing commercial property, it is important for tenants and landlords to understand the relationship they are entering and the rights and obligations they have. In Western Australia, retail leases are regulated by the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) (the ‘Act’). Generally, and subject to some exceptions, the Act applies to retail…

201720.11
Off
0

Testamentary Trusts – asset protection and wealth transfer

For an increasing number of high net worth individuals with complex professional and personal affairs, the question of how best to approach long term estate planning and in particular, what is likely to be the best way to both transfer and preserve wealth for the benefit of successive generations of family, is becoming an important…