Employment law naturally attracts common misconceptions about the rules and regulations governing the workplace. These misconceptions often lead to misunderstandings and detrimental consequences for both employees and employers. In this article, I debunk five common employment law myths in Australia and provide clarity around the rights and responsibilities of employees and employers. Setting the Scene continue reading
As a small business or an unlisted company, it is usually harder to attract, retain and motivate employees compared to that of a sizable corporation or listed company. One effective way to achieve employee retention and promote employee motivation is for a small business or unlisted company to offer an employee share scheme (ESS) to continue reading
In the bustling world of entrepreneurship, the story of Alex, a seasoned builder in his late 50s, and Jordan, a tech-savvy dynamo in her mid-30s, continues as they delve into the crucial realm of contracts. Their construction tech venture in Southeast Queensland, poised for innovation, now faces the intricate dance of drafting and negotiating contracts—a continue reading
John let out a weary sigh, rubbing his temples as he finally tore his gaze from the glass facade of the Harrison Home Solutions headquarters, the Sunshine Coast skyline bathed in the golden glow of dusk behind it. He checked his watch instinctively, though he knew it was almost 7 PM. Elizabeth would be waiting continue reading
In the bustling entrepreneurial world of Southeast Queensland, Alex and Jordan, fresh from their strategic decision to form a proprietary limited company, now face the crucial world of intellectual property (IP) rights. Their ambition to revolutionize the construction tech industry is more than just a business plan; it’s an innovation journey brimming with ideas that continue reading
Factors in Deciding on a Business Structure Guided by their unique venture’s needs and ambitions, several key factors steer Alex and Jordan’s decision on an entity: Liability Protection With construction renowned as a high-risk industry rife with lawsuits and insurance claims, Alex and Jordan make liability protection a priority. As seasoned industry veterans they’ve witnessed continue reading
Introduction In the vibrant commercial landscape of Southeast Queensland, Alex, a seasoned construction expert in his late 50s, and Jordan, a tech-savvy innovator in her mid-30s, embark on an exhilarating venture. Their dream of revolutionizing the construction tech industry is compelling, but they face a daunting task: choosing the right legal structure for their business. continue reading
Welcome to our series that chronicles the entrepreneurial venture of Alex and Jordan, two seasoned professionals who are venturing into the burgeoning field of construction technology in Southeast Queensland. This series isn’t just a narrative about business growth; it’s a deep dive into the legal intricacies and challenges faced when pioneering in a tech-driven industry. continue reading
If you are considering buying a business there are many things you need to do from a legal, financial and general business perspective. Getting the right advice from the start is important. The structure of and issues involved in the sale are quite different if you are buying the business assets only, compared with the continue reading
Understanding Freedom of Contract Freedom of contract is a legal principle that empowers contracting parties to negotiate and establish their agreement’s terms without any external interference, particularly from the government. It forms the bedrock of a liberal constitutional state and is a vital component of civil law in many countries. Freedom of contract is an continue reading
Freedom of Contract is a fundamental concept that permits parties to negotiate their agreements freely. However, this freedom must be balanced with the necessity to protect consumers and small businesses from unfair practices. This article discusses the challenges faced in achieving this balance and proposes recommendations for improvement. What is Freedom of Contract? Freedom of continue reading
A Trade Mark is a sign used or intended to be used to distinguish the goods or services you sell and promote from those goods or services sold or promoted by your competitors. Under Australian law a Trade Mark can be registered with IP Australia (the government authority responsible for the administration of laws relating continue reading
If you are considering buying a business it is important to do your due diligence. This checklist provides a number of the things you should ensure you are across before finalising your transaction. If you are buying a business and have questions please reach out to our team for assistance. 1. Restrictions on transfer 1.1 continue reading
Navigating the Nuances for a Comprehensive Enterprise Valuation In the dynamic world of small business, the concept of minority interests often remains shrouded in complexity. Despite holding less than a controlling stake, these interests are pivotal in understanding what a business is truly worth. Understanding Minority Interests At its core, a minority interest in a continue reading
Contracting with small businesses or consumers will become a risky business from 9 November 2023 as changes to the use of unfair contract terms come into effect (the Regime). Parties will be faced with significant repercussions for contracting with unfair terms in standard form contracts. The Regime applies to both consumer contracts (i.e. contracts with continue reading
The responsible creation of Artificial Intelligence (AI) is an emerging nemesis for lawmakers. In a recent case involving OpenAI, the Federal Court in San Francisco (the Court) is considering whether the utilisation of copyrighted texts to train ChatGPT (and its subsequent language models) is a violation of intellectual property. Who is OpenAI? OpenAI is a continue reading
The Australian aviation industry, dominated by a duopoly of Qantas and Virgin Australia, has faced intense scrutiny over the years. The Australian Competition and Consumer Commission (ACCC) has been at the forefront of addressing various concerns, including high airfares, limited competition, and inadequate customer service. In this article, we explore the challenges and potential solutions continue reading
Leading Queensland commercial litigation law firm, Sajen Legal, has today announced the appointment of Vincent Berry as a Director of the firm. Drawn to the firm’s unwavering commitment of delivering consistently exceptional service to its clients, Mr Berry joined Sajen Legal in 2017, having already enjoyed extensive success in the field of commercial litigation, where continue reading
Not being able to pay your debts as and when they fall due is a position many individuals find themselves in. While some are able to trade their way out of such situations many are not able to do so. This article discusses the options available to individuals that are unable to pay their personal continue reading
A Guide to Voluntary Administration, Receivership, and Liquidation in Australia As a business owner, the thought of your company facing financial difficulties can be overwhelming. Corporate insolvency is a complex area of law that can have serious consequences for your business. Understanding the different types of corporate insolvency and how they work is crucial for continue reading
