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Franchisor's liability for a franchisee's underpayment of wages and other staff entitlements business employee rights employment law fair work act franchises Oct 22, 2025

Franchising is a popular business model in Australia, allowing brand expansion without direct operational control of each outlet. However, franchisors can be held responsible for serious breaches of workplace laws committed by their franchisees. The Full Court of the Federal Court’s decision in Bake...

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When Land Promises Fall Through: Proprietary Estoppel, Contractual Duties and Boundary Realignment in NSW Property Law business property property law Oct 08, 2025

In a recent decision of the NSW Supreme Court, Hederics v Spare Weel Pty Ltd [2025] NSWSC 1171, Justice Williams considered the breakdown of a farming partnership and a subsequent dispute over land ownership – raising important questions about proprietary estoppel, boundary realignment, and implied ...

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Tribunal Confirms Limits of Leaseholder’s Rights Over Basement Area: Take Two Seven Pty Ltd v Hewson Properties Pty Ltd [2025] NSWCATAP 1 business commercial lease lease property Oct 01, 2025

A recent Appeal Panel decision of the NSW Civil and Administrative Tribunal (Take Two Seven Pty Ltd v Hewson Properties Pty Ltd [2025] NSWCATAP 1) has confirmed that a lessee’s claim to the entire basement of a leased commercial premises can be defeated where the terms of the lease and supporting do...

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When a business partnership goes sour business business agreements partnership agreements shareholder agreements Sep 24, 2025

Running a business can be both rewarding and risky—especially if its a cafe operated not by a single owner but by business partners—often friends or family—who decide to “go in together.” But when agreements are made informally, without clear written contracts, disputes can quickly arise.

The recen...

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Lessons for Café Tenants business business law commercial lease retail leases act Sep 17, 2025

Running a café in a small town can be as much about the relationship with your landlord as it is about your menu. A recent case before the NSW Civil and Administrative Tribunal—Gardener v Bright; Bright v Gardener [2025] NSWCATCD 23—serves as a stark reminder of the importance of clear agree

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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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