Business Law

The prospect of going to court can strike fear in the hearts and minds of even the most seasoned business owners. Litigation can be expensive and traumatising, but disputes that head down the path to court often don’t need to end up there. Meyer Vandenberg Lawyers special counsel and litigation expert Harry Kay says, “Courts are the stuff of television...

If everything isn’t black and white, I say, “Why the hell not?” - John Wayne Can two people read the same sentence, but take away different meanings? The answer to that question, depending on the people, is ‘Yes’. But what is the legal consequence, and how can a contract be enforced, should that occur? That was the question asked of...

In 2007 a car accident took the life of a business partner of Mark Love and his colleagues. This was not only a tragedy but also potentially devastating for their business. The director of Bradley Allen Love business and corporation section, Mr Love said a shareholders' agreement was already in place as part of a succession plan. This plan, backed...

Last Wednesday, the Australian Human Rights Commission released the results of an extensive survey, showing that sexual harassment remains a prevalent issue in today's workplaces. The 2018 survey, which includes sexual harassment towards men and women, found that sexual harassment at work had increased significantly since previous surveys in 2003 and 2012. Speaking at the National Press Club, Sex Discrimination...

It’s a Friday night, and you and your best mate are sitting at the pub having a couple of drinks. He’s telling you about his new business and lamenting that if he only had the money for a great website to promote it, he could be making a fortune by years’ end. Knowing you’re a web developer, he asks you...

  According to the Holmes and Rahe Stress Scale, losing your job ranks eight out of ten on the list of life’s most stressful events. But when it is unexpected, or happens as a result of something that seems unfair, it can be even more traumatic. In the 2016-2017 financial year, 11,160 cases of unfair dismissal were brought against employers...

As threats to business’ security and data grow ever more complex and diverse, businesses must be on constant guard against the next danger, especially where they must notify individuals in the event of a data breach. The new mandatory data breach notification regime has now come into operation. Having only begun on 22 February (Meyer Vandenberg has previously written on...

For some businesses, this headline should be met with the reaction, “Really? Again?”. However, many businesses do not yet realise that the security regime established under the Personal Properties Security Act 2009 (Cth) (PPSA) is a fundamental part of doing business in Australia. It is apparent to us that many Canberra businesses remain unaware of the system. Unfortunately, we keep...

If you have just managed to score that coveted dream job, the last thing you're probably thinking about is the technical ins-and-outs of your employment contract. If you can bring yourself down from that elated high for just a minute though, it might be worth scrutinising your 'employee welcome pack' and ensuring everything is above board. If you have some...

Recent Federal Government measures have made it easier for start-ups and small businesses to raise capital through Crowd Sourced Equity Funding ("CSEF"). CSEF platforms such as Indigogo and Kickstarter, allow investors to make small financial 'investments' in emerging companies in exchange for equity in the business. Are you eligible for CSEF? From 27 September 2017, unlisted public companies with less...

You have a thriving business and a diverse customer base. Your sales are on target, yet cash flow is poor. You sell on credit and you are concerned that tightening the credit you give will impact on your customer relationships. The ACT is one of the slowest paying regions in Australia, payment being an average of 19 days late1. An...

There will come a point when a business owner wishes to realise their investment. Whether for personal or financial reasons there are steps all owners can take to prepare their business for sale; to minimise tax, transactional costs and stress, and maximise the return. Grooming your business for sale can streamline the sale process. Even if the sale doesn't proceed,...

In the Australian Consumer Law, the people have remedies against two separate but equally important groups: the retailers, who sell the goods; and the manufacturers, who produce the goods. This is the manufacturer's story. Last month I wrote about consumer guarantees - the rights and obligations of retailers, but the story for manufacturers is different, and their liability essentially stems...