Articles

How can you deal with a disgruntled employee who decides to go online and (often anonymously) post less than flattering comments about you and/or your business? We list some basic risk management strategies that you can engage in this area.

For many years now, Company Directors have been personally liable in some circumstances for unpaid PAYG tax liabilities. Recent changes, however, have changed the laws relating to the liability of Directors. As a result, the risks are greater and it is more difficult for a Director to avoid penalties.

A Trade Mark is a unique logo or name or image which distinguishes certain goods and services from those of another person. There is a formal registration requirement and your registration of trade mark in Australia. It is important to consider registration in other jurisdictions if you are involved in business overseas. Managing Partner Mitchell Zadow explains.

A security interest is something that secures the payment or performance of an obligation. The Personal Property Securities Act applies to tangible property such as plant and equipment, goods and materials, as well as to intangible property, such as intellectual property rights, contractual rights and book debts.

It is common for employment contracts to include a 'restraint clause' which says that an employee who leaves will not work in the local area for a certain period of time. But what happens if a former employee ignores this?

Copyright protection and patent protection can protect your rights of ownership of computer software.

Before agreeing to purchase the business, or even making an offer, it is prudent to make some enquiries about the business and the entity selling it. Mitchell Zadow, Accredited Specialist (Commercial Law) explains.

If a retail premises lease contains an overholding clause, its effect will depend on the conduct of both the Landlord and the Tenant once the original lease expires. However, where a Tenant exercises an option to renew, the circumstances will be different.

What happens when both the Landlord and the Tenant are late in complying with their obligations for exercising an option for a further term? Accredited Property Law Specialist Andre Ong looks at the case of Xiao v Perpetual Trustee Company Limited [2008] VSC 412.

We list the key things to consider when looking at a new lease for retail premises, including your own legal obligations.

Prior to commencing court proceedings, a dispute should be mediated if at all possible, in order to save significant expense and worry. Even if you do commence legal proceedings, a Court will require you to attempt to resolve the dispute at mediation before proceeding to a final hearing.

Arbitration is increasing in popularity as a pathway to dispute resolution, and many business contracts include a clause which requires all disputes to be resolved by arbitration. Additionally, you can save thousands of dollars, as well as many days of valuable time by using arbitration instead of going to Court. Our Commercial Law Team explains.