The Strategic Blueprint – Alex and Jordan’s Path to Choosing the Right Business Structure – Part 2

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

The Strategic Blueprint – Alex and Jordan’s Path to Choosing the Right Business Structure – Part 1

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

Building Innovations: A Legal Journey in Construction Tech

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

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

The Significance of Freedom of Contract in Commerce: A Comprehensive Guide

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

The Impact of Unfair Contract Legislation on the Certainty of Commerce

The Australian Government’s legislative reforms on Unfair Contract Terms (UCTs) are a significant development in the business landscape. This article explores the key changes, their implications, and the necessary precautions that businesses must take to ensure compliance. Unfair Contract Terms (UCT) Law: An Overview Australia’s UCT regime, embedded within the Australian Consumer Law (ACL) and continue reading

Balancing Consumer Protection with Freedom of Contract

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

Trade Mark Registration

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

Checklist for Purchase of a Business

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

Valuing Minority Interests in Small Enterprises

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

Big Penalties for Unfair Contract Terms

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

How to Improve Competition in Australian Aviation

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

Sajen Legal Sunshine Coast Welcomes Vincent Berry as New Director

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

Can’t Pay Your Personal Debts?

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

5 Employment Law Myths Debunked

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

Navigating Corporate Insolvency

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

Misleading or Deceptive Conduct

Why Third-Party Reliance May be Sufficient for an Entitlement to Damages Misleading or deceptive conduct is a broad-spectrum cause of action that frequently arises in the practice of commercial litigation. Where a third party relies on misleading or deceptive conduct, and another party suffers loss and damage because of that third party’s reliance, the party continue reading

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