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When a Share Sale Goes Wrong: The Costly Consequences of Failing to Honour a Business Agreement business business agreements Aug 27, 2025

The New South Wales Court of Appeal's decision in Tok v Rashazar [2025] NSWCA 94 provides significant insights into contractual obligations, the enforcement of share sale agreements, and the principles surrounding unjust enrichment. This case underscores the importance of adhering to contractual com...

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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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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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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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Understanding the Upcoming Changes to Casual Conversion Laws: A Guide for Small Business Owners business employment law fair work act Feb 26, 2025

As a small business owner, staying informed about legislative changes that affect your workforce is crucial. One significant update on the horizon pertains to casual employment and the pathways for casual employees to transition to permanent roles.

Firstly, the definition of casual employee (as per...

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Why a corporate power of attorney is so important business business law corporation corporations act power of attorney Jan 15, 2025

In the realm of business law, a corporate power of attorney (POA) is an invaluable legal instrument for corporations operating in New South Wales (NSW) and across Australia. It authorises a designated person or entity to act on behalf of the corporation in specific legal, financial, or operational m...

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