201905.06
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Minimising directors’ liability – deeds of insurance, access and indemnity

Company directors have many responsibilities when carrying out their duties. Generally, company directors and officers are not personally liable for a company’s debts. Certain circumstances however can arise where directors may find themselves facing legal or other regulatory action exposing them to personal liability. Generally, the more complex the role, the greater the risk. In…

201905.06
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Alternative Dispute Resolution Explained

Litigation can be a costly and time-consuming process and parties are increasingly seeking alternative forms of resolving disputes. This article provides an overview of the main types of alternative dispute resolution (ADR) options and their respective benefits and limitations. What is ADR? The term ADR is used to describe dispute resolution processes that do not…

201905.06
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Interview questions you can’t ask

An employer’s potential liability for workplace discrimination arises before the first interview and exists whether or not a decision is made to hire a person. A job interview is integral to the recruitment process and provides an opportunity for the employer to ask questions, check credentials and determine a prospective employee’s suitability for a position….

201903.11
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Franchisors must act in good faith and reasonable cause

A franchise operates within an existing business structure that gives the franchisor discretion to implement strategies, introduce new products and set prices for the ‘branded’ goods or services. These commercial decisions however must be exercised in ‘good faith and reasonableness’. The obligation of good faith is reflected in the Franchising Code of Conduct which sets…

201903.11
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Common misconceptions about estate planning

An estate plan involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your testamentary wishes and covers unexpected events. In this article, we look at some common misconceptions about Wills and estate planning and dispel…

201903.11
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The benefits of mediation in a commercial dispute

Lawyers are often stereotyped as being interested in prolonging an expensive Court action, more often the opposite is true. Lawyers know that Court cases are expensive and that clients are fearful that legal costs could escalate to an intolerable level. Lawyers interested in preserving long standing relationships with their clients will often recommend alternative dispute…

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…