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General Business Articles from a Legal Perspective


Starting a business venture – have you REALLY thought of everything?

Starting a business is exciting and overwhleming – there is so many details to think about and plenty of tasks to cross off your to do list. You may speak to your lawyer about the correct company structure to establish for example whether you should start your business as a sole trader, partnership, director of a company or through a trust. But have you thought about how your private life can impact on your business life and asset pool?

Top Christmas Tips

We’ve trawled through the archives for our top Christmas tips on managing employees, not getting ripped off at the shops, knowing what you can and can’t do to your rental premises if you’re planning a little DIY, and how to avoid losing your sanity over the festive season.

Selling a Business: How to prepare the Must-Have Presale Documentation

Selling a business takes planning, preparation and organisation so you can get the maximum asking price. Give yourself plenty of time to put everything in order – your accounts, systems, people and those must-have presale documents. As a business owner you need to realise that the time spent on preparation and the quality of information you can provide to a potential buyer will have a major bearing on the success of the sale.

Advertising and Selling Guide for Small Businesses

While most small business operators possess many wonderful skills, deciphering the law may not be one of them, and having a lawyer on hand to help interpret and understand the law just isn’t a reality. That’s why this Guide by ACCC, explaining the Australian Consumer Law in simple terms, is such a helpful resource.

Is sloppy Social media practise putting you at risk?

If you operate a business, chances are you understand the importance of building an online presence through Social Media platforms such as Facebook and Twitter. But did you know that the way you conduct yourself on these platforms is affected by Australian Consumer Law (ACL)?

Do You Protect Your Creative Darlings?

Do you know your Workplace Basics? Take the test!When you create a tangible object – you can say “I made this, I own it, it’s mine.” But when you’re dealing with IP, it can be more challenging to protect your creative material – especially when other people are involved. The term IP is broad and at times nebulous, which is why it is so important to consider the implications of its ownership within a business context.

How Legal Lingo became so Complicated

How did legal lingo become so complicated? Where did the ‘hereinbefores’, ‘heretofores’ and ‘hereinafters’ come from? To answer these questions, let’s take a little stroll through history to 1066 and the Norman conquest.

The Crimes we Commit against our Privacy

Public Wi-Fi is an extremely risky way to access the internet – you know it’s true but the lure of free internet is tempting. The wi-fi provided by your local cafe owner might be just fine but do you know what or who is lurking nearby ready to hijack your data?

Selling goods or equipment on terms? Here’s why you need the protection of the PPSR

Registering your interest in valuable goods on the PPSR or Personal Property Securities Register, could be the difference between your financial freedom and financial ruin. Registering allows you to claim the goods back if your customer doesn’t pay for them or becomes insolvent.

Covering all bases when preparing a Distributor Agreement

Entering a distribution arrangement is one effective strategy to expand your market reach. But like all business relationships, distribution arrangements work best when they’re effectively managed and monitored – which means putting your relationship in writing.

Extended warranties – are they necessary?

It’s pretty common these days to be on the receiving end of an extended warranty sales pitch whenever you purchase a TV, laptop, mobile, car or other item. But are extended warranties all they’re cracked up to be? Do you really need one?

How to manage your referral relationships – Drafting an effective Referral Services Agreement

Referral arrangements are an excellent way to build trust and authority in your business whilst boosting your bottom line. Drafting an effective Referral Service Agreements allows you to manage the quality and integrity of your referral relationship.

Changes to the Franchising Code of Conduct

The Australian Franchising Code of Conduct is set to change on the 1 January 2015. Franchisors need to ensure their documentation complies with the new code.

Quickie Guide to Selling Your Business

Selling your business involves a range of steps. It doesn’t really matter whether you are using a broker or selling it yourself, you need to be aware of what is involved so you can take all the factors into consideration and get the best price for your hard work.

Is your business an easy target for identity theft?

Following changes to the Privacy Act, businesses are now under greater pressure to deal with, and dispose of, confidential information safely, both for their own protection and privacy, and that of their customers and staff members. Do you know how to keep sensitive data private and out of the hands of identity thieves?

Avoid the pitfalls when agisting horses

Agisting horses is a great way to earn income from your acreage property especially if you love horses. To make the most of it, avoid these common pitfalls.

Unravelling the Mystery of the Legal System

When we first bought this Legal Publishing business it was difficult to get over the notion that there was some special knowledge, secret handshakes or verified membership that we just didn’t have.

Plan for the unexpected – how a Shareholder Buy / Sell agreement safeguards your companies future.

If you own and operate a business with others, have you considered what might happen if one of your partners died or were otherwise incapacitated? A Buy Sell Agreement allows you to plan for such unexpected events so you can safeguard your future.

Pay your bills on time or risk black mark against your name – Credit report changes

Learn about changes to the credit reporting system in Australia and how to check if your credit history has been affected.

How to do bankruptcy and company searches for commercial transactions

In business, it is prudent to conduct targeted enquiries such as bankruptcy and company searches on the parties you are considering dealing with so you can make sure you are not exposing yourself to unnecessary risk.

Changes to the Privacy Act 1988 (Cth.) 12 March 2014

Is your business affected by the recent amendments to the national Privacy Act 1988 (Cth)? We outline the changes and who is affected.

Consumer Rights in Australia from ABC’s the Checkout

The ABC’s Checkout Program aired an excellent segment last night on the rights you have as a consumers rights when buying services, for example, plumbing, lawn mowing, cleaning, etc.

Impact of the PPS Act on Small Business

The Personal Property Securities Act 2009 has now been in existence for about three years and many a cautionary tale is coming to fore about the dangers of not registering security interests in the PPSR and not having robust supply agreements to cover supply of good sold on credit.

Don’t be fooled by Sham Warranties this Christmas

It’s common place when buying electrical goods to be offered an extended warranty by enthusiastic salespeople. Did you know that Australian consumers are automatically entitled to certain warranties or guarantees for goods or services purchased making extended warranties unnecessary?

Beware – fake online reviews being targeted by ACCC

The ACCC (Australian Competition and Consumer Commission) is targeting and monitoring online reviews. It has found that some businesses engage in sub-optimal practices of posting their own fake reviews, or paying others to post online reviews, about their products and services.

Help for Small Business, Simpler Wages Calculation and focus on Education

Natalie James, the Fair Work Ombudsman addressed the Australian Industry Group National Employment Conference on the 28th November 2013 and outlined the FWO’s plans for the future.

Don’t assume your referral partner knows the step to the dance

Referral Partner DanceThere’s no doubt that using referrals to grow your business can significantly boost your brand and income. By creating and maintaining strong referral networks, you’ll gain an invaluable source of advertising that just keeps on giving! Due caution needs to be taken, though, and you should never assume that your referral partner knows the ‘steps to the dance’ and has the same quality performance standards as you do.

How to make money with your Intellectual Property

make money with your IPSo, you have an idea, invention, design or concept that you’ve registered under Intellectual Property Rights, but now you’re not sure how to cash in on that idea?

Snapshot on Privacy – when is photography illegal?

 when is taking photos illegalAustralia does not have clear definitive laws when it comes to privacy and photography. We don’t have laws that give you a right to privacy in general, which means there’s no law stating that an image of you can’t be used without your permission.

Photography, privacy and criminal laws – state by state

photo privacy laws state by stateThis article sets out the different laws for taking, viewing or sharing photos for each Australian state..

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