7 Things Start-Ups Need to Know to Avoid a Lawsuit

Are you a business start-up looking for lawyer tips? In this article, we offer 7 tips to avoid common mistakes made by start-ups and new business owners. In summary, they are: Your terms of trade with your customers should be clear and sound. Define the role of your business partners in the business. You should …

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What can you Tax-Deduct when Starting a Business?

If you’re starting a new business, changing the ‘business structure’ (like incorporating it), raising capital (equity), or even trying a takeover or defending against one, you can tax-deduct the professional (legal, accounting etc.) expenses associated with the process. These expenses cannot include asset depreciation or are deductible anywhere else in the Tax Act. So, what …

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What to do about Copies, Rip-offs and Counterfeits: ‘Passing off’ and other legal remedies

What is ‘passing off’? A passing-off action is typically a complaint by one trader against a rival trader that the rival trader has engaged in conduct likely to mislead or deceive consumers of goods into thinking that those goods are sourced from, derived from, associated with, or sponsored by the complainant trader (i.e. your business), …

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Recent Cases: Directors Legal Liability for the Wrongs of the Company

The way that courts are looking at directors’ duties these days, you have to look at the whole situation the company is in. Particularly as directors can become personally liable for decisions made in their capacity as a director of an Australian company. This applies to all the duties of directors outlined in the Corporations …

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Company Directors & Insolvent Trading – ASIC Regulatory Guide

Directors can become personally liable for the debts of the company, if the directors allow the company to trade whilst insolvent. We have have talked about this risk to company directors in an earlier Blog post. Given this risk, what steps can be taken by a company director to not be in breach of company …

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Directors Personal Liability for the Company’s Insolvent Trading?

When the Titanic hit that iceberg, there were no night-vision goggles, no sonar detection, no radar. Just sailors with binoculars on the lookout. That gave them about ten minutes warning of disaster. These days they would have known hours ahead. So how quickly does a company director need to act when the tip of the …

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How to Identify & Resolve your Business Compliance and Regulation Issues

Not identifying or ignoring compliance or regulation issues faced by your business can cost you, in terms of time and not just money. To understand why a government department has made an adverse finding against you or your business, or has alleged your business is non-compliant with certain government regulations, a good starting point is to …

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When starting Litigation to Protect Your IP: Anton Piller Search Orders

Usually, when somebody brings a court action there is a drawn-out process called ‘discovery’ where each side asks for evidentiary material from the other side. Sometimes that just gives people time to destroy or conceal evidence. So right at the start of litigation, you should consider asking the court for urgent orders, such as the …

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Asset Freezing Orders by a Court – Mareva Injunctions

An ‘interlocutory injunction’ is a court order made during a court case, before the final judgement, usually considered at the very start of litigation. In the case of a copyright breach involving clothing, for example, the case will take months at least to resolve, but the clothes copied from your designs, or the designs you …

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Startup Business Structures | Early Stage Innovation Company

A big challenge which innovative startups face is attracting capital investment when what they are doing is so new that it also is, by definition, a gamble. At the start, you may qualify for a NSW State Government Grant.1 But your startup business structure is important for private investors to become involved in longer-term funding …

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