6 Reasons To Have a Shareholders’ Agreement

By Naomi Schulte • In Commercial LawComments Off on 6 Reasons To Have a Shareholders’ Agreement

A Shareholders’ Agreement is a contract between the shareholders of a company that regulates, amongst other things, the way in which business is conducted between shareholders. THE GRILL’D DISPUTE The recent case between the owners of Grill’d provides a real example of the importance of a company having a Shareholders’

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Personal Liability of Directors – Take a Directors’ Health Check

By Judy Cullinane • In Commercial LawComments Off on Personal Liability of Directors – Take a Directors’ Health Check

Are you stressed, is your blood pressure up….not that type of health check, a Directors’ Liability Check: Do you know that if you breach your directors’ duties you may be personally liable? Do you know this can include liability for compensation, civil and criminal penalties? Symptoms – How to check

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Fining Franchisors – A Future Trend?

By Margaret Miller • In Commercial Law, LitigationComments Off on Fining Franchisors – A Future Trend?

Consumer watchdog the ACCC has begun cracking down on franchisor misbehaviour, bolstered by the powers awarded to it under the revised Franchising Code of Conduct. The start of 2015 heralded the amended Code coming into effect, thanks to a slew of franchisor disputes and governmental inquiries. The Code now contains

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Retail Shop Leases Amendments come into effect in November 2016

By Margaret Miller • In Commercial Law, Property LawComments Off on Retail Shop Leases Amendments come into effect in November 2016

Exclusions from the retail shop lease definition The definition of a retail shop lease will specifically exclude leases/licences for: premises with an area greater than 1,000 square metres; premises carrying on a business by a lessee for a lessor as the employee or agent of the lessor; ATMs; vending machines; and premises

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Queensland Court of Appeal decides landlords may recover land tax under leases entered into before 30 June 2009

By Margaret Miller • In Commercial Law, Dispute Resolution, Property LawComments Off on Queensland Court of Appeal decides landlords may recover land tax under leases entered into before 30 June 2009

On 6 September 2016 the Queensland Court of Appeal in Vikpro Pty Ltd v Wyuna Court Pty Ltd [2016] QCA 225 dismissed an appeal and upheld the original decision of the Supreme Court in Wyuna Court Pty Ltd v Vikpro Pty Ltd [2015] QSC 216. A landlord under a commercial lease entered into before

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Is a digital signature foolproof? Maybe not ….

By Margaret Miller • In Commercial Law, Dispute Resolution, LitigationComments Off on Is a digital signature foolproof? Maybe not ….

While executing legal documentation with electronic signatures is convenient and becoming more common, issues of security and enforceability need to be considered. Recently the Supreme Court of New South Wales held that a company director was not bound by a guarantee that carried his electronic signature. In Williams Group Australia

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SMALL BUSINESS – UNFAIR CONTRACT TERMS

By Rob Ffrench • In Commercial LawComments Off on SMALL BUSINESS – UNFAIR CONTRACT TERMS

Clients and associates of Bell Legal Group need to be aware that in November this year there will be changes to the Australian Consumer Law. Small businesses (defined as having less than 20 employees) will receive protection from the terms of many business contracts they enter into if they contain

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Queensland Government Rolls Out Further Improvements to QBCC

By Danny Bycroft • In Commercial LawComments Off on Queensland Government Rolls Out Further Improvements to QBCC

In 2013 the Queensland parliament voted overwhelmingly to dismantle the controversial Queensland Building Services Authority (BSA) and replace it with a new all-encompassing regulatory body – the Queensland Building and Construction Commission (QBCC). The introduction of this new regulatory commission was effected through the Queensland Building and Construction Commission and

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Protecting Confidential Information in Business Sale Negotiations

By Margaret Miller • In Commercial LawComments Off on Protecting Confidential Information in Business Sale Negotiations

When a business owner is ready to commence negotiations to sell a business, one or both parties may be required to exchange commercial-in- confidence information. This information is a valuable asset which needs to be protected. While the best protection is not to disclose confidential information, businesses commonly use confidentiality agreements

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July 2015 changes to the registration of business names

By Margaret Miller • In Commercial Law, Intellectual PropertyComments Off on July 2015 changes to the registration of business names

The rules for determining whether a business name is available were amended on 20 July 2015 by the Business Names Registration (Availability of Names) Determination 2015, which sets out the conditions for assessing whether a business name should be registered.  The rules consider whether the name sought could be confused with

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