Whether you are planning to start your own business or take over an existing business, there are procedures to follow to ensure that your business complies with Government regulations and the Corporations Act 2001 (Cth). Commercial Lawyer Ignatius Suwanto explains the purpose of a business name and provides tips on how to register or transfer your business name.
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.
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.
Disputes between directors of a company are, unfortunately, not uncommon. When there are several parties involved in a company as directors and shareholders, it is, perhaps, not surprising that disputes may arise from time to time.
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.
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’.
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.
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.
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.
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?
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