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News & Knowledge

News & Knowledge

Redefining the boundaries between retail premises and commercial premises may have commercial consequences.

A recent decision by the Victorian Supreme Court has expanded the scope of the Retail Leases Act 2003 (Vic) (‘Act’) by redefining the meaning of “retail premises”.

Defending a Magistrates Court Complaint

Filing the Claim
A civil claim is commenced in the Magistrates Court of Victoria when a Form 5A Complaint is filed with the Court. It contains a Statement of Claim. The claim will usually set out the facts in support of the claim (such as a breach of contract) and the amount being claimed.

Corporate Fraud

Corporate Fraud or Employee Theft, occurs far more often than people are comfortable talking about. It can happen to very small businesses as well as to global brands. As an owner or investor in a business the consequences can be significant.

Starting a new business? Getting the legal fundamentals right is crucial

If you are starting out, you likely have a great new idea, or are keen to branch out on your own. Perhaps you are switching careers and want to work for yourself, or are excited by the new franchise opportunity.

Powers of Attorney

Recently, changes were made to the laws which govern powers of attorney. Some of these changes have been made to consolidate and streamline the powers of attorney and related processes. Other changes have been made to improve protections for the people who grant the - the principal - and clarify their rights. Additionally, a new type of power, the supportive attorney, was created to for people who need another person to have the legal right to act on their behalf, but who don’t want or need to give up their ability to make decisions for themselves.

WHAT Global Advanced Metals v Metallurg Inc can tell us about Shareholder Agreements

This decision underscores the importance of a carefully drafted shareholder agreement.

Global Advanced Metals Pty Ltd v Metallurg Inc [2017] WASCA 188 is a recent decision of the Court of Appeal of the Supreme Court of Western Australia regarding a dispute between Global Advanced Metals Pty Ltd and one of its shareholders, Metallurg Inc. Metallurg had signed on to a shareholder agreement when it acquired the shares in Global, which relevantly included clauses which allowed all shareholders access to company records for accounting, taxing, and verification of investment, and which imposed a duty on shareholders to keep confidential all confidential information it receives.

DANGERS WITH (MIS)REPRESENTATION TO ASIAN INVESTORS

Unfortunately, sometimes the common Chinese emphasis of doing business based on trust and reliance doesn’t always translate well in the Australian business environment, especially since the Australian Courts take an evidence-based approach towards determining matters of fraudulent conduct. This is often exploited by wrongdoers (usually from the same community and background as their victims) who then take advantage of new migrants and overseas investors for commercial gain. Lacking even the most basic knowledge of the Australian legal system to protect their interests adequately, such migrants and investors find themselves in a position of unaccustomed vulnerability.

WHAT TO DO WHEN YOU RECEIVE A ‘S57 NATURAL JUSTICE’ LETTER?

An s57 Natural Justice letter is also otherwise known as an ‘Invitation to Comment on [Adverse] Information’ letter which is sent by the Department of Immigration and Border Protection (DIBP), most commonly when the case officer assessing the visa application suspects that a bogus document or information that is false or misleading has been provided.

STUDENT VISA OPTIONS

移民法律: 快到3月15日了,大多数毕业生的学生签证会当天过期。 你们考虑下一步申请什么种签证了吗?

485毕业生工作签证 – 如果你不是2011年11月份过后初次申请澳洲学生签证和不是从本科,研究生或博士学位毕业的, 你的提名职业需要是Skilled Occupation List (http://bit.ly/1eLeten) 的其中之一,和你也需要申请职业评估先才能申请签证。 不管是哪种毕业生工作签证申请,你还是需要考到所需要的语言成绩先才能申请。

ESTABLISHING A CORPORATION IN INDIA

GUIDE TO SETTING UP A BUSINESS IN INDIA
Selecting the right business structure

If you are looking to start or expand your business in India, one of the key decisions to be made is whether your business will be run through a foreign entity or a local (Indian) entity. From a taxation, operational, compliance and employment perspective, quite often it is beneficial to use a local entity to operate the business as opposed to an off-shore entity, which is generally subject to additional legal requirements.

A QUICK GUIDE TO PARENTAL LEAVE

There is no entitlement to paid parental leave in the Fair Work Act 2009(FWA).
An employee will only be entitled to paid leave from their employer if there is a provision for it in either their Award, their Agreement, or in the employee's contract.

ARE NEW LAWS THE BEST OPTION?

The media have recently reported dreadful stories about goings-on at some of our banks and other financial institutions.
The latter have allegedly transgressed by giving bad financial advice, failing to honour life-insurance policies and have allegedly manipulated the bank-bill swap rate.

RAISING CAPITAL TO FUND AN ACQUISITION - PART 2

Television Education Network
The 2nd Annual Business Acquisitions Conference

In my paper, I said Chapter 6D did not apply to proprietary companies where a disclosure document is required. I should also have said that where a proprietary company can avail itself of an exemption under section 708, without breaching section 113, it can raise funds as permitted by Chapter 6D.

RAISING CAPITAL TO FUND AN ACQUISITION - PART 1

Television Education Network
The 2nd Annual Business Acquisitions Conference

Finance, whether in the form of equity or debt, is vital for the formation, growth and continuing existence of business enterprises. There are many forms of finance that a business enterprise will look to and what it selects will be determined by the stage of maturity it has reached. A start-up will rely on different sources of finance to a multi-national.

RESTRAINT OF TRADE

POST-EMPLOYMENT RESTRAINTS OF TRADE:
WHEN OVERSTEPPING THE MARK MEANS NO PROTECTION AT ALL

You might be in retail, in professional services, manufacturing or in the construction industry, either way, it is an inevitable fact that as your business grows and expands, you will be employing or contracting with people who will gain intimate knowledge of your business operations and in many cases they will form valuable relationships with your customers and suppliers.

CIVIL LITIGATION AMENDMENTS: IF YOU WANT IT, YOU PAY FOR IT

In an attempt to cut down the costs of civil litigation, Victoria's Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Bill 2014 (the Act) has recently been passed to amend the Civil Procedure Act 2010 (Vic) in relation to discovery and disclosure obligations.

CONTRACTUAL INDEMNITIES-WHAT ARE THEY, AND WHAT DO YOU NEED TO KNOW?

An "indemnity" generally amounts to an agreement to compensate a person for a particular loss suffered. The extent of the compensation will depend upon the terms of the Indemnity.
It is very common to find Indemnity provisions in a variety of contractual arrangements such as contracts for the supply of goods, manufacturing contracts, property leases, agency arrangements, hire contracts, and personal service contracts.

Quick Links

Purchasers may have to withhold GST from 1 July 2018 (LPLC Update)

Purchasers of real property will be required to withhold any GST payable by the vendor and remit it to the Australian Taxation Office from 1 July 2018 if the Treasury Laws Amendment (2018 Measures No. 1) Bill 2018is passed. It is currently in the Senate. The relevant provisions will be in schedule 1 of the Taxation Administration Act 1953 (Cth).

Ensure your Contracts of Sale of real estate includes a special condition to deal with the GST withholding requirements. Visit this site