Business Law

Whether you are contemplating a new venture, or a shakeup of your existing business, the New Year is a great time to ask - which business structure is right for me? Every business is different, but they share a raft of common concerns. The three most commonly used vehicles are sole trader, partnership and private company. Each strikes a different...

  Many businesses invest considerable sums to develop functionality for their computer programs. Contracted IT developers are commonly asked develop solutions to reorganise the way in which business information can be stored, accessed and used. The solutions themselves become valuable assets, but controlling rights to the solution is often left overlooked until it is too late. Paying a consultant to...

Australia exists as one of the most regulated economies in the world. As new technology and access to information sweeps through our lives, society's expectations of what businesses should deliver is constantly rising. That expectation shift means increased "risk" for businesses, as our society becomes increasingly litigious. In all skilled trades and professions this increasingly complex world demands that businesses...

There are plenty of opportunities to start a franchise venture in Canberra, however, before forging ahead and buying into a franchise you must do your research: investigate potential and future profit forecasts, carry out marketing studies, read the documentation, and find out as much about the franchise as possible. Certainly, you must step with caution. The franchise agreement that you...

As if the economy, business compliance and keeping up with customer demand were not enough for business owners to contend with: employers also need to be vigilant about the behaviour of their employees! Courts have found against employers for breaching their duty of care to employees and customers in circumstances where an employee has failed to exercise commonsense. By way...

As a provider of credit you insist on it and as the receiver of credit you baulk at providing it: a personal guarantee. How do they apply to sole traders? A sole trader is a person who trades without the use of a company structure, or partners, and who alone bears full responsibility for the debts of the business. A...

In previous editions of B2B, elringtons have written about the relatively new Personal Property Security Act ("PPSA"), and its farreaching effects on businesses and commercial interests. Since the PPSA's inception in January 2012, the legal community has been waiting for a court decision to assist in interpreting its operation, especially transitional provisions and migrated security interests. The NSW Supreme Court...

The Personal Property and Securities Act 2009 (PPSA) came into effect on 30 January 2012 and has changed the way in which security interests in personal property are dealt with in Australia. Now all security interests, including contracts for the supply of goods, commercial equipment leasing agreements, hire purchase or lease finance arrangements and bailment agreements can be registered on...

Since 30 January 2012 if goods are supplied to a business (grantor)on credit, or financed, the supplier/financier must register their interest on the Personal Property Securities Register (PPSR). A common form of registration on the PPSR is a Purchase Money Security Interest (PMSI). A supplier can register a PMSI on the PPSR when a supplier: * finances the acquisition of...