Commercial law

  • Franchisor liability for misleading forecasts

    Franchisor liability for misleading forecasts

    An overview of legal requirements for making forecasts in a franchisor-franchisee relationship, and guidance on how to make forecasts that are legally compliant, are explored in this article. Learn how to protect franchisors and franchisees from legal action.

  • Tag along rights in shareholder agreements

    Tag along rights in shareholder agreements

    Learn how tag along rights protect minority shareholders and ensure that the controlling interest of a company remains in the hands of the original shareholders. Find out more by reading this article.

  • Unfair contract terms, small businesses and amendments to Australian Consumer Law

    Unfair contract terms, small businesses and amendments to Australian Consumer Law

    The Australian Consumer Law (ACL) is introducing changes to small business contracts, and businesses must be prepared. This article provides guidance on understanding and applying the changes, which come into effect on 12 November 2016. Learn more about how to protect your business from potential detriment.

  • Letting go of employees threatening to go to the media

    Letting go of employees threatening to go to the media

    When employees leak confidential information or threaten to go to the media, employers can face serious consequences. Find out what the Fair Work Commission says about this issue and what options employers have to protect themselves.

  • Can employers dismiss employees for failing to follow instructions?

    Can employers dismiss employees for failing to follow instructions?

    When an employee fails to follow their employer’s instructions, the consequences can be serious. Learn about the steps employers must take before termination, and how to protect against unfair dismissal claims.

  • Terminating an employee for serious misconduct

    Terminating an employee for serious misconduct

    These tips include asset sale or share sale, intellectual property ownership, legal and accounting due diligence, change of control issues, restraint of trade clauses, key personnel, and more.

  • The 20/12 Rule & anti-avoidance provisions

    The 20/12 Rule & anti-avoidance provisions

    This article examines Chapter 6D of the Corporations Act 2001 (Cth) (Act) and its implications for raising capital in Australia without issuing a formal disclosure document. It looks at Australian Securities and Investments Commission (ASIC)’s powers of exemption and anti-avoidance.

  • Federal Circuit Court strikes down ‘no refunds’ clause

    Federal Circuit Court strikes down ‘no refunds’ clause

    In a recent judgment (Ferme v Kimberley Discovery Cruises Pty Ltd [2015] FCCA 2384), the Federal Circuit Court held that a term of a cruise company’s standard conditions, which allowed the company to cancel a cruise for a wide range of reasons without giving any refunds to its passengers, was an ‘unfair term’ under the…

  • Underpaying employees can have serious consequences

    Underpaying employees can have serious consequences

    Employers have been accused of underpaying their employees and falsifying payroll records. Learn more about how the Fair Work Act 2009 (Cth) safeguards employees and how businesses can ensure they are compliant.

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