Tamira Stevensen

Commerical leases rental coronavirus

Pandemics are bad for business, and Commercial leases will now have to reflect that for the COVID-19 period

The COVID-19 pandemic has just slugged the global economy with the most significant downturn since the Great Depression. Still, once the virus is under reasonable control, it will probably be easier to recover economically than it was in the 1930s. Nevertheless, many businesses could collapse in the short term, which would have become viable again …

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esigning wills covid 19

Beam Me Up Scotty – Witnessing Documents Over the Net During the Pandemic

Since 22 April 2020, in a legal milestone, legal documents can be witnessed and signed over the Internet. On this date, the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) came into effect. The Regulation is designed to overcome the restrictions the NSW Government’s response to the COVID-19 pandemic has placed on gatherings, …

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Termination of a Contract or Agreement, including your COVID-19 pandemic options

If you have a written contract, it will often contain a clause that allows either side to terminate the agreement if a specific condition is not met, usually the supply of goods and services or payment by some particular date. If the condition is not met by the other party, you can choose to terminate …

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Unfair Contract Terms Cases on Small Business Protections under the Australian Consumer Law

In November 2016,1 the Australian Consumer Law2 was amended to prohibit unfair provisions in ‘standard form contracts’ for the supply of goods or services to small businesses. Since then, the Australian Competition & Consumer Commission (ACCC) has won several cases in the Federal Court, where unfair contract terms imposed on small business customers by bigger …

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Franchises – Finding a Goldmine and Avoiding a Sinkhole

If you take a casual look at some franchises, like Maccas or KFC, you might get the impression that they are a licence to print money. Everything decided for you, from product to training to publicity, a well-known brand and logo, access to prime retail addresses, and a Head Office full of lawyers and accountants …

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unfair franchise agreement

Franchise Disputes – Notice of Dispute and the Franchising Code

You have bought into a franchise which you thought was a licence to print money, and suddenly you are in a dispute with the franchisor, the owner of the brand. What can you do? You should issue to the other party a Notice of Dispute under the Franchising Code of Conduct. When you think about …

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Contractor or employee

Contractor vs employee – Are your staff employees or contractors?

In the age of ‘just in time’ and the ‘flexible labour force’ a lot of employers have been tempted to get rid of employee overheads altogether and supply the labour needed through ‘contracts for services’ or labour-hire arrangements. So, when is someone an employee and when are they a contractor? Labour-hire workers are often still …

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Unfair Contract Terms – Is your Franchise Agreement a ‘standard form contract’ actionable under the Australian Consumer Law?

If you are a franchisee under a franchise agreement offered to you as a ‘take it or leave it’ standard form contract, Part 2-3 of the Australian Consumer Law1 may help you challenge the enforceability of any unfair franchise contract terms. As shown by the Husqvarna case, a franchisee’s rights under the Australian Consumer Law …

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