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What happens when a business sale falls through business business purchase business sale Sep 10, 2025

For clients buying or selling a business, especially one involving leased premises, it is critical that we consider whether the business operates from leased premises, and how that lease is to be dealt with as part of the sale.  Usually, having leased premises will require a special condition to be ...

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Was the personal loan enforceable - even though not signed? business Aug 20, 2025

In personal and business relationships alike, large sums of money often change hands informally. When disputes arise, courts are frequently called upon to determine the true nature of such transactions. The recent decision in Kempe v Grine [2025] NSWDC 227 shines a spotlight on the legal complexitie...

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Pamplin v Irwin – Lessons for Business Owners from a Complex Family Dispute business deceased estate estate family trust property supreme court Aug 06, 2025

When family and business interests intersect, the consequences can be legally and financially significant. The Supreme Court Court of Appeal decision in Pamplin v Irwin [2024] NSWCA 213 illustrates how informal arrangements, unclear ownership structures, and a failure to document agreements can resu...

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Transferring employees and recognition of prior service business employee rights employment law unfair dismissal Jul 30, 2025

The Fair Work Commission’s recent decision in Hooper v Shahbod Pty Ltd [2025] FWC 1624 reinforces a vital truth in employment law: small business and probationary employment do not exempt employers from fair process. The case involved the summary dismissal of a barista during a probationary period—a...

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Are your workers correctly classified? business employment law independent contractor labor law Jul 09, 2025

The Federal Court of Australia's decision in Hallam v Tancred [2024] FCA 837 addresses critical issues surrounding the misclassification of employment relationships under the Fair Work Act 2009 (Cth) (FWA). This case underscores the legal consequences of inaccurately designating workers as independe...

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Personal Guarantees, Unconscionability, and Complex Property Deals Jun 18, 2025

Complex property transactions often involve layered agreements, evolving negotiations, and personal guarantees that expose directors and their spouses to significant personal liability. The Queensland Supreme Court's decision in Symx Land Developments Pty Ltd v Pugh [2025] QSC 137 provides important...

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Yin v Maalouf [2025] NSWSC 450 – Sham Share Transfers, ASIC Filings, and Misrepresentation in Corporate Disputes business May 28, 2025

In a recent decision handed down by the New South Wales Supreme Court, Yin v Maalouf [2025] NSWSC 450, Justice Peden dealt with a complex corporate dispute involving an allegedly sham Share Purchase Agreement, misleading conduct, and the improper use of ASIC filings to alter directorship and shareho...

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Acting promptly in debt recovery May 21, 2025

Debt recovery is a critical process for both creditors and debtors. When a creditor secures a default judgment and seeks to enforce it—particularly through a writ of execution over a debtor’s property—time is of the essence. Delays in responding to legal proceedings can severely limit a debtor’s abi...

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Navigating the 2025 Franchising Code of Conduct Reforms: What Small Businesses Need to Know accc business franchises franchising code of conduct franchisor obligations May 07, 2025

The Australian franchising landscape is undergoing a significant transformation with the introduction of the new Franchising Code of Conduct, effective from 1 April 2025. These reforms aim to enhance fairness, transparency, and accountability within the franchising sector, impacting both franchisors...

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False sick leave claims - grounds for instant dismissal? business employment law fair work act unfair dismissal Apr 30, 2025

In the recent case of Mitchell Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784, the Fair Work Commission (FWC) has provided clear guidance on serious misconduct, honesty in employment, and the application of the Small Business Fair Dismissal Code. This case serves as a strong reminder that e...

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The Maroubra Cafe lease dispute business lease property retail lease Apr 16, 2025

Lease disputes between commercial tenants and landlords can be complex, particularly when disagreements arise over the scope of leased premises, obligations under the lease, and termination rights. The case of Maroubra Pool Café Pty Ltd v Fedele [2017] NSWSC 1722 highlights these issues, with the Su...

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Misusing Company Funds: Lessons from Macarthur Farm Pty Ltd business litigation Mar 26, 2025

Company directors owe strict legal duties when managing corporate funds, and breaches of these duties can lead to significant legal consequences. This was evident in the recent case of In the Matter of Macarthur Farm Pty Ltd [2025] NSWSC 40, where the Supreme Court of New South Wales examined allega...

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