Law Archives - Sajen Legal

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

By Kyle Kimball - 19 February, 2024

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

By Kyle Kimball - 14 January, 2024

Business Law, Law

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

By Kyle Kimball - 14 January, 2024

Business Law, Contract Law, Law

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 Impact of Unfair Contract Legislation on the Certainty of Commerce

By Kyle Kimball - 4 December, 2023

Business Law, Contract Law, Law

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

By Kyle Kimball - 27 November, 2023

Business Law, Contract Law, Law, Opinion

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

Valuing Minority Interests in Small Enterprises

By Kyle Kimball - 30 October, 2023

Business Law, Law, Uncategorised

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

When Builders Go Bust

By Mac Tuomi - 11 April, 2023

Business Law, Contract Law, Law

The building and construction industry is facing increasing costs, and shortages of materials and trade supplies, leaving many building companies struggling to sustain their operations. Homeowners are often left in a disadvantaged position as a result. When builders go bust, it is important that homeowners take appropriate steps to ensure completion of the construction of continue reading

DeFi and Traditional Centralised Finance

By Kyle Kimball - 24 February, 2023

Business Law, DeFi/Crypto/Blockchain & FinTech, Law

Most industries fear disruption, and for good reason. Kodak identified that the film business, where they made their profit, would be ruined by the digital camera, and Blockbuster, who made their profits on late fees, was brought down by online streaming. No industry is immune to the effects of disruption including the finance industry and continue reading

A Fugazi – ASIC’s Views on Cryptocurrency Investment

By Kyle Kimball - 23 January, 2023

Business Law, Law, Opinion

The Australian Securities and Investments Commission (ASIC) has taken the position that cryptocurrency investments are high-risk and speculative, and has warned consumers about the potential risks associated with investing in cryptocurrencies. ASIC has emphasized that cryptocurrencies are not legal tender and are not regulated in the same way as traditional currencies. This means that there continue reading

Super and Bonuses – a Recipe for Disaster

By Timothy Borham - 8 December, 2022

Employment Law, Law, Tax Law

Bonuses are a long-standing and largely effective method of encouraging higher levels of performance from the employees of your business. Given bonuses are usually set on an economic basis, e.g. if we can secure (a) level of performance then we can afford to pay (b) to the employee, it is imperative that there are no continue reading

The Increasing Cost of Data Breaches

By Sean Grierson - 25 November, 2022

Business Law, Law

The new Commonwealth Bill seeking to force companies to put consumers’ interests first. In the aftermath of recent major data breaches causing unprecedented amounts of private information being stolen, the Commonwealth Government has tabled The Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (the Bill) to force companies to better protect their clients’ / continue reading

Family Feud – The Risks of Loaning Money Payable on Demand

By Mac Tuomi - 3 November, 2022

Business Law, Contract Law, Law

It is commonplace for family members to loan money to other family members. As blood is said to be thicker than water, there is often little thought about documenting the agreement, let alone agreeing to clear repayment terms. In circumstances where a party loans another party money without any terms of repayment, the loan is continue reading

Some Wives Are More Special Than Others

By Vincent Berry - 26 August, 2022

Business Law, Contract Law, Law

The application of the Special Wives’ Equity on the enforceability of personal guarantees It is common for the family home and other significant assets to be registered solely in the name of a wife in circumstances where her husband operates a business or is otherwise at risk of claims made by third party creditors (the continue reading

Electric Vehicles – Will Taxes and Government Policy Sway the Public?

By David Atkins - 20 June, 2022

Law

Are you thinking about buying, or have you already bought an electric vehicle? If an electric vehicle is on your wish list, then you should be aware of the tax implications and government policy that may affect your vehicle and impact your wallet. It seems that we are in a transitional phase in motor vehicle continue reading

Company Directors, Please Take a Number

By David Atkins - 1 February, 2022

Business Law, Law

If you are a director of a company, you need to obtain your unique Director Identification Number by 30 November 2022. New laws came into effect on 1 November 2021, through reforms to Part 9.1A of the Corporations Act 2001 (Cth) (the Act), which make it mandatory for company directors to apply for individual identification continue reading

Show Me the Documents!

By Daniel Maudsley - 16 October, 2021

Business Law, Law

A Director’s Access to Company Books During Personal Litigation Being appointed as a director of a company is not something you choose to do lightly. Accepting a role as a director brings with it many statutory and fiduciary obligations which, if not complied with, can see the director personally liable for their actions and potentially continue reading

Pay Me Everything – Contractual Indemnities and Indemnity Costs

By Vincent Berry - 8 July, 2021

Business Law, Law, Property Law

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

Taking Advantage – How Does Undue Influence Affect Contracts

By Shayne Callander - 2 July, 2021

Business Law, Law

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

When you know that your business needs a lawyer.

By Francesca Molina - 13 August, 2020

Business Law, Law

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

We Can Help – Hospitality Changes are Coming

By Kyle Kimball - 23 March, 2020

Business Law, Law

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

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Category: Law