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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Crowd-Sourced Funding – a New Type of Company to Attract Investors to Your Business

The latest amendments to the Corporations Act extend Crowd-Sourced Funding Rights to private companies as well as unlisted public companies. The Amending Act removes the need for a proprietary company to convert to an unlisted private public company before seeking crowd-sourced funding. This means a private company which has more than one director can keep …

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Directors Duties: Corporate law summary for small companies

Corporate law for small businesses in Australia is now about company directors duties, and not just company directors duties owed to shareholders, but company duties owed to other stakeholders as well. What are the duties of a director of a company? How have directors duties become stricter? There was a time when many company directors came …

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Can a competitor use my business name as a keyword search on paid search engine listings?

Now if somebody had said that to you twenty years ago you would have told them to take the medication. And, if you’ve ever tried to wrap your head around 21st century internet advertising you probably felt like you might need the medication too. When a business pays a search engine hard cash to feature …

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Are Memorandum of Understanding or Heads of Agreement, MOU or HOA, a Binding Contract?

That depends really. If two businesses or organisations are entering into big or complicated projects or relationships, sometimes people on either side like the idea of a symbol of commitment before the final contract. Maybe there’s pressure from the bank or other outside stakeholders. It’s like an engagement, something you do to show each other …

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Is a ‘Statutory Demand For Debt’ the Best Way to Recover Money a Company owes you?

If a company owes you money and offers no plausible payment date, what do you do? You might just send a pro forma Letter of Demand demanding payment by a certain date, and threatening legal action if it doesn’t happen. You might even have a solicitor write a letter of that type. That will probably …

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Transfer of Business – What About Employee Entitlements?

One of the reasons you might buy a particular business is that it employs people with a lot of skill and experience in that type of business. If you want to keep those workers on, you will need to know about employee entitlements under the Fair Work Act 2009 in a transfer of business. Sometimes …

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Trademark Protection: 5 Steps to Protect Your Business’ Name and Logo

You will find goodwill and business reputation, and therefore customer patronage, connected with the name and logo mark of an established, well-marketed business. Branding and get-up can differentiate your business identity from others in your market segment. With that in mind, we offer 5 tips for small businesses as follows. Register your business name with …

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Copyright Infringement – What Can You Do When Someone Infringes your IP?

A vast amount of US-owned ‘intellectual property’ has been shamelessly plundered in some countries. US movies and music etc. are regularly pirated or bootlegged, and can result in jail time for copyright infringement as a criminal activity like in a high-profile case of 23 October 2017.1 But that’s not the main problem facing most small business owners. …

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