Do businesses need to refund customers for cancelled bookings?

Commercial Law

There is no blanket legal requirement on businesses to provide a full refund in the event of cancellation, including in the event of government-mandated lockdowns or other restrictions. This applies to all types of businesses including accommodation providers, event organisers, or any other business that takes bookings and deposits or payment up front. However, it is important to be aware of the Australian Consumer Law and the requirements it imposes on your business.

Can I get a refund for a cancelled booking due to COVID-19?

Commercial Law

COVID-19

There is no legal requirement on businesses to provide a full refund in the event of cancellation. However, the Australian Consumer Law provides protection to consumers and requires that businesses must treat consumers fairly and, in the COVID-19 context, businesses must act in accordance with their terms and conditions at the time of booking. Therefore the terms and conditions of your booking are what will determine your rights to a refund or other compensation in the event of cancellation.

What is a Company Constitution?

Commercial Law

Litigation [Courts & Tribunals]

A constitution is a legal document that governs the internal management of a company. Having a constitution is generally considered to be good business management practice.

Dealing with directors’ disputes: How to avoid pitfalls and resolve conflict

Commercial Law

Disputes between directors of a company are, unfortunately, not uncommon. When there are several parties involved in a company as directors and shareholders, it perhaps not surprising that disputes may arise from time to time.

Why you should get legal advice before signing a contract

Commercial Law

Have you recently been asked to sign a contract and are wondering whether legal advice is necessary? If you are considering signing a contract, it is important to ensure that you understand exactly what you are agreeing to. Before you sign on the dotted line, you should take the time to carefully read through the contract as well as having the contract reviewed by a professional.

Australian Consumer Law: Changes to Unfair Contract Terms

Commercial Law

On 10 November 2020, the Federal Government announced changes to the unfair contract term provisions in the Australian Consumer Law, which now make unfair contract terms illegal and punishable by civil penalties. Further changes have also been proposed in relation to expanding the threshold of the term ‘small business’ and the definition of a ‘standard form contract’.

PPSR Searches and Registrations: Tips and Traps

Commercial Law

Searching and completing registrations on the Personal Property Securities Register can often be confusing and counterintuitive. In this article, we provide some tips to avoid making common mistakes when searching or completing registrations on the PPSR.

Introduction to the Personal Property Securities Register (PPSR)

Commercial Law

The Personal Property Securities Register is the national register of security interests in personal property. Given that the PPSR affects many, if not most commercial transactions, it is important that everyone involved in business has a basic understanding of how the PPSR works.

Calling all directors: Australia mandates Director Identification Numbers

Commercial Law

On 22 June 2020, the Australian Government introduced new legislation to help combat illegal pheonixing activities, amending the Corporations Act 2010 and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 by introducing Director Identification Numbers.

Buying or selling a business: What is a Section 52 Statement?

Commercial Law

If you’re buying or selling a business in Victoria you may have been asked about or heard the term ‘Section 52 Statement’. In this article we answer your questions: What is a Section 52 Statement?; Who prepares the Section 52 Statement?; When is a Section 52 Statement required?; What information does a Section 52 Statement contain?; and; What happens if it’s not provided or is false or inaccurate?

COVID-19: Frequently asked legal questions

Commercial Law

COVID-19

The Coronavirus Pandemic (COVID-19) has caused a significant increase in stress and anxiety for many businesses across many sectors of the economy. We are finding that businesses are asking questions in two areas in particular: how to manage employees during these difficult times; and how to manage situations where you cannot complete contracts because of a breakdown in supply chains, or because your employees are unable to work.

10 things to consider when setting up a small business

Commercial Law

You have a brilliant idea about a small business that you would like to start. You have developed a business strategy and you have lined up key stakeholders. You have put a lot of work into preparing your small business for launch and you are almost ready to go. Now you just need to get the legal side of things sorted out.In this article, we provide a checklist of 10 things that you should consider as you start your small business.