News and resources

Bankruptcy a formal option to provide relief from creditors I am drowning in debt. I can’t possibly meet all the bills that have piled up. My business was hit by Covid lockdowns, then the high cost of materials and I can’t continue. If I declare I am bankrupt, will that solve my problems? Will my […]

A recent Supreme Court judgment may open the way for businesses to claim damages from the government if they lose income due to business disruption as a result of major road works. Construction of light rail causes significant business disruption Two Sydney small business owners took Transport for NSW to court after they lost income […]

Water security challenges loom as groundwater and river systems under threat Australia is a dry continent, and it is only getting drier. The country’s largest river and groundwater systems are under threat. As competing interests assert their right to water access, it is important to understand the laws governing water use. Regional towns and industries […]

We often add an emoji to our emails and text messages to bring a bit of levity to otherwise dull communications, but beware – icons such as the thumbs up, smiley face or gun could land you in trouble with the law. Legal impact of using emojis An emoji is an image used in texting […]

While it may be tempting for company directors to somewhat exaggerate their company’s assets and abilities when promoting their firm overseas to garner fresh business investment, it is important to note that directors duties still apply. Dangers of breaching directors duties while abroad A company director might, for instance, tell prospective foreign investors that their […]

Electronic signing of documents grew enormously during the Covid lockdowns, but now questions have been raised about how an electronic signature, created with the press of a button, is properly witnessed under law. What is an electronic signature? Software such as DocuSign can be used to add a signature to a document electronically by pressing […]

The term “corporate veil” is a legal phrase that refers to a company being treated by the law as a separate entity to its owners. The corporate veil enables companies to conduct business activities such as buying and selling property or assets, taking legal action, acquiring debt and signing contracts. What is the purpose of […]

For a residential property sale to go as smoothly as possible for all parties, it is helpful for real estate agents to provide complete and accurate information to the lawyer (solicitor) or conveyancer who is handling the transaction. This article outlines some of these items. Sales process for residential property There is a normal sales […]

We are often asked by clients when is the right time to start planning their exit from their small business. Our answer is – the day you open. Starting, leaving and transferring a business is complex and there are many things to consider in formulating an exit strategy. In this article, we focus on something […]

A heated legal battle over the yellow lids on peanut butter jars might seem a little crazy to outsiders. But in 2019, two peanut butter manufacturers engaged in a multi-million dollar legal conflict, which had them heading to court over the yellow lids on the jars. The Chicago-based food giant Kraft Heinz was battling Australian […]

Can you renegotiate a contract because of the impact of coronavirus? The Covid-19 crisis has adversely impacted many common transactions. Federal and state governments have enacted laws which enable the parties to some transactions to renegotiate the terms of their contracts if they have been disadvantaged due to the Covid-19 pandemic. Examples include commercial leases […]

There is an obligation on a couple that is separating to disclose all of their assets and liabilities – including business loans and debts. This ensures that both parties are fully aware of the financial position they are in before dividing up the assets and liabilities of the relationship. Working out the value of the […]

Underpayment of wages is an increasingly frequent topic in both media reports and public discussion. Quite recently, underpayment scandals have struck major employers such as Woolworths, franchises such as 7-Eleven and high-profile businesses, such as the restaurants run by celebrity chef George Colombaris. The steady flow of non-trivial instances has led to calls for stiffer […]

Changes made of necessity may be retained for the longer term As the wave of Covid-19 infections subsides (at least in Australia), and life starts to return to normal, one big question is what will be meant by “normal” in a post-virus world. For businesses dealing with organisational change, seemingly the only clear answer at […]

Handshake agreement versus written contract – are they both legally binding? While handshake deals are enforceable in many day-to-day transactions, some contracts must be made in writing to be legally recognised. So, what is a contract? When do you need it in writing and what constitutes a legally binding handshake agreement? Evolution of Australian contract […]

Suppose you were to come to a verbal agreement on a deal with another person and shake hands on it. Sometime later, the other person fails to complete their side of the deal. Where does the law stand? Are handshake agreements enforceable? Or are they worth zilch? You may be surprised to learn that verbal […]

Witnessing documents previously done in person With much of the world working from home at the moment, and social distancing rules, there are a number of obstacles to witnessing documents in the usual way. Since the government imposed the lockdown as a response to the coronavirus pandemic, we have noticed an influx of people from […]

Multiple factors can influence a person to resolve a dispute Do you have an ongoing legal dispute that you just can’t settle? Now might the time to make another attempt to reach a negotiated agreement. In the face of COVID-19, everyone is suffering in one way or another. It might be financial, it might be […]