Directors’ Responsibilities – what are they?

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A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its individual right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised continue reading

Corporate Governance – what is it?

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In recent times the term corporate governance, and the increasingly popular good corporate governance, appear to be regular topics of discussion both in the media and the general population. These terms are regularly used when considering the actions of a wide range of companies from very small local companies through to global organisations such as continue reading

Options for your insolvent company

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If your company is in financial difficulty and heading towards insolvency, there are options available which allow a company to be guided through its financial distress. The best option for your company depends on the solvency of the company and the broad range of director duties and obligations. In this article, we examine the three continue reading

Intellectual Property for businesses

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Intellectual property (IP) is the property of your mind or proprietary knowledge and can be an invention, a trade mark, a design or the practical application of your idea. It is important that you understand how to protect IP as it is a valuable business asset and it will usually be easier and cheaper taking continue reading

Goods and Services – Terms of Trade

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Terms of Trade are the terms and conditions on which a business sells goods and services to customers and on which they buy goods and services from suppliers. These terms form the basis for the trading relationships for all businesses. If a business is the supplier of goods or services then it should have written continue reading

A cautionary tale for directors and officers

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The collapse of Storm Financial Limited (Storm) occurred in the wake of the Global Financial Crisis of 2008 (GFC) and reads like a textbook cautionary tale for directors and officers. Background Emmanuel and Julie Cassimatis established Storm and at all relevant times held all shares in the company and were the only executive directors. Prior continue reading

Employees, independent contractors and ‘shams’

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It is common for builders and operators in the construction industry to utilise contractors to carry out specific trade skills such as concreting, plastering, bricklaying and plumbing. Business operators however, need to be cautious when ‘hiring’ skilled or other labour to ensure that they are not in breach of provisions of the Fair Work Act continue reading

Merger Announcement

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We have much pleasure in announcing that Sajen Legal and Ferguson Cannon Lawyers are merging. After a combined history of almost 50 years, we’ve decided that it’s time to join forces. The new firm will be known as Sajen Legal and will begin operating on Tuesday May 2. The faces you know aren’t changing – continue reading

Let me Be – the Skinny on Commercial Leases

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When renting a business related property it is important for both Landlords and Tenants to understand the relationship they are entering into and the rights and obligations that they each have, the document that governs this relationship is usually a Commercial Lease. So what is a Commercial Lease? A lease is a legally binding contract continue reading

The Low Down on Buying a Business

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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

Out They Go! Major Changes To Retail Shop Leases Act

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Landlords, tenants and managing agents should be aware of new provisions under the revised Retail Shop Leases Act 1994 (the ‘Act’). The Retail Shop Leases Amendment Bill 2015, staged to commence in November 2016, triggers new considerations when entering into a lease. The changes are intended to uphold present consumer protective provisions, whilst clarifying some continue reading

Are You A Director Of An Insolvent Company?

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During difficult economic conditions it is important that all directors revisit their duties as directors and are aware of how the board should deal with the situation where a company is in financial difficulty and may be insolvent. What is insolvency? A company is deemed to be insolvent when it cannot pay its debts as continue reading

Good Advice Never Goes Out of Style

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In an industry that is dominated by grey suits, Sajen Legal aren’t afraid to stand out from the crowd with a bit of style. The boutique business law firm has recently joined forces with corporate fashion label 400 Co. to bring an evening of inspiration and glamour to the coast. Earlier this year, Sajen lawyers continue reading

Shareholders Rights

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Everything You Need To Know About Shareholders Agreements If you’re planning on investing in a company, you probably expect that your investment will allow you to realise certain benefits in the future. Perhaps you’ve been promised a share in the company’s profits, or offered a managerial role in the business. Maybe you want to influence continue reading

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