Am I a family lawyer? No. Though, through the sheer beast that is litigation, my path is often crossed with those colleagues who practice in this area of law. Often, we receive referrals from such colleagues whose client’s enquiry is often prefaced by the words “they can’t touch it, it’s in a trust! Or can continue reading
Common Pitfalls and Important Considerations for Athletes and Managers Alike As professional sport continues to develop into one of the biggest industries globally, so too do the complexity and substance of professional sporting contracts. Whether they are general competition contracts or lucrative sponsorship agreements, long gone are the days when athletes were able to adequately continue reading
The term “branding” originates from the practice of marking cattle with a branding iron to differentiate them from the stock of other farms. But the concept of branding as we understand it today is far removed from those humble origins. Brands are no longer limited to a logo or name; branding comes in many shapes continue reading
The recoverability of costs is a significant factor in legal proceedings. Most commercial agreements contain clauses seeking to indemnify an innocent party absolutely against any legal costs that might be incurred because of another party’s breach. Unfortunately, clauses of this type are regularly recycled from existing precedents, without any regard to the relevant authorities and continue reading
The legal principle of undue influence provides that a contract may be set aside or at least voidable in favour of the purported ‘weaker party’, should the agreement have arisen from a relationship of influence between the parties. Not all such transactions are remediable, but where established, the ‘weaker party’ will have the option to continue reading
A shareholder agreement is a contract made between two or more shareholders. It outlines the relationship between a company’s directors and its shareholders. It can cover matters such as new shares and sales of existing shares, the directors’ duties, codes of conduct and perhaps, most importantly, dispute resolution. For new businesses and startups, it’s often continue reading
Times being what they are, some businesses and industries are faring better than others. That statement will hold in most instances but 2020 has been particularly ruthless for some. Furthermore, the oft media touted ‘road to recovery’ is likely to leave more businesses facing potential insolvency into 2021 and beyond. Insolvency, in a nutshell, is continue reading
As a business owner, there are countless worries that may keep you up at night. Some fears are ungrounded and are more like unsubstantiated worries. In a way, they can help to keep you alert of important issues. They are small worries, focus on competitors, staff, potential growth areas, are you doing enough marketing, are continue reading
The hospitality industry is now clearly the first true financial casualty of the restrictions recently placed by the government on our usual way of life. The inability to gather in groups, social distancing and cancellation of events, conferences and the like was brutally swift and unexpected. It has had an immediate and direct impact upon continue reading
Telemarketing is an evolving industry. It has undergone tremendous changes over the years, necessitating adjustments with regards to policies and technological approach of the business. Among notable changes taking place around the globe is a more stringent approach to law enforcement. In Australia, the Australian Communication and Media Authority (ACMA) and the Australian Competition and continue reading
Businesses and individuals contract or employ other professionals to provide guidance. They use their services to assist in business growth, create and implement day-to-day operations, navigate competition and overcome the unfortunate occurrence of disputes. Professional advice has a number of typical sources. It may come from internal personnel or from external individuals or organisations. There’s continue reading
For telemarketers, making several calls a day is just a small part of the job. The challenge and the reward lie in successfully clinching a deal or generating potential leads for the organisation they represent. Enlisting the services of telemarketers bridges a wide gap between suppliers and their existing clients as well as potential new continue reading
The ‘make good’ clause can fast become a contentious area of any commercial lease agreement. For tenants, it’s easy to see it as a cash grab by landlords. A last-ditch effort to make the most of an exiting tenant. For landlords, it’s an utterly necessary clause that will ensure the tenant has a legal obligation continue reading
Any business would want to avoid the kind of punitive fines meted by the Australian Communication and Media Authority (ACMA) for breaching telemarketing guidelines. If you closely follow what has been happening, you realize that some companies in the renewable energy sector have paid dearly for going against the law. How did they get there? continue reading
Businesses can be unpredictable. If you’ve secured a Commercial Lease and then for whatever reason have to walk away from it, it’s vital to know what your options are. 1. Rent Holiday or temporary reduction of rent If you need to exit your lease due to financial hardship, then you may wish to first consider continue reading
Last month we touched on 5 great tips to help you secure a better lease agreement for your commercial lease. If you’re feeling confident you can go straight to the negotiation table and make a go of it… unfortunately, you might find that your landlord has the upper hand. As is often the case, the continue reading
So, you’re setting up shop somewhere else — literally. Well done you! We have no doubt that you’ve shortlisted a few prime spots on realcommercial.com and already started imagining your business filling the space perfectly. But, before you get too far ahead of yourself we need to ask: how is your grip on lease negotiation? continue reading
Fresh building works always bring an air of excitement. Whether a new construction or renovations, resources have been gathered, plans have been made, planning and other obstacles cleared, the various teams arrive on site. And the vision of the new property, for commercial or residential use, gives a fresh air of anticipation for the future. continue reading
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
Article originally posted on LinkedIn. Disputes among company shareholders are not just common, they should be seen as almost inevitable. This is not to take a negative view of human nature but merely to state the facts. Management and strategy questions can be difficult. People often disagree on fundamental business choices. Work and personal life continue reading
