Disputes arise from time to time in business relationships and can be difficult to resolve, especially if there isn’t an agreement which sets out a framework for doing so. Ideally every business agreement, whether it be a shareholders agreement, a supply agreement, a distribution agreement, a service agreement, or any other type of agreement, should…

There are various ‘Will Kits’ available on-line – most are cheap or ‘free’ and all you need to do is download them and fill in the blanks. Many websites boast that you can prepare your Will ‘without spending hundreds of dollars on legal fees’. Simple, right? Not really. Generating an on-line Will may seem easy,…

There are many stories in the media about inappropriate behaviour at work functions – the more public the ‘offender’, the more likely the incident will attract ongoing attention. Work Christmas parties provide a great opportunity to mix with fellow colleagues and bosses, reflect on the year’s activities and get to know each other on a…

For many people, their family home is their most significant asset. Individuals who are contemplating bankruptcy are often understandably worried about what will happen to their family home and the impact which bankruptcy might have on their children and spouse. In this article, we look at what can happen to the family home in the…

Every business has a trade mark, be it a name, logo, shape, colour, sound or scent, which distinguishes the business from its competitors.  Think of the Apple trade mark, the Nike sign and slogan, the shape of the Coca Cola bottle, a perfume scent.  The list is endless. The best way to obtain legal protection…

The question of mental capacity is an important consideration in will-making and can be a contentious issue. How often do we hear family members arguing over a loved-one’s ‘state-of-mind’ and ‘what Grandad would have wanted’ when sadly, his memory and ability to make reasonable decisions comes into question. This may be due simply to age,…

Boardrooms are often the place of heated debate over a range of matters affecting the operations of an organisation. Vigorous discussion that airs all possibilities can sometimes be beneficial (and necessary) when making critical decisions which will ultimately determine the future direction of a corporation. It is not unusual for egos to be tested and…

Commonwealth Bank of Australia v Kojic [2016] FCAFC 186 considered whether the conduct of two bank employees could be ‘aggregated’ to bring a finding of unconscionable conduct on the part of the bank under the (previous) Trade Practices Act 1974. The case was an appeal from the earlier decision (Kojic v Commonwealth Bank of Australia…

Fixed-term employment contracts are common in many workplaces. Understandably, most employers consider they would be protected from an unfair dismissal claim once the term ends. However, in Saeid Khayam v Navitas English Pty Ltd t/a Navitas English (‘Navitas’) [2017] FWCFB 5162 the Full Bench of the Fair Work Commission found that an employee may have…

Given the complexity of the taxation regime and the requirement for taxpayers to initially self-assess their liabilities, disputes between taxpayers and the Australian Taxation Office (ATO) will inevitably arise from time to time. If you disagree with a decision that the ATO has made about your tax affairs, you have the right to have it…