The difficulties associated with a partly oral and partly written contract were considered by the Supreme Court in an April 2019 decision involving the Fields Group, a security company based on the Central Coast with approximately 120 security guards, and the much larger Wilson Security, with approx...

Restraints of Trade, often included in contracts of employment, are a valuable tool for employers to ensure that their commercial and competitive interests are preserved after the employee/employer relationship ends. However, it is important if you intend to include a restraint, that it be enforceab...

The Supreme Court made orders in 2017 regarding the winding up of a partnership that operated a real estate agency.  The two former partners agreed upon the existence and duration of their partnership, and upon a need for partnership accounts to be taken under the supervision of the Court, but they ...

As lawyers and Justices of the Peace, we are often asked to witness signatures on important documents such as Statutory Declarations.  As authorised witnesses, we must ensure that we comply with the witnessing requirements as set out in the Oaths Act for a number of reasons, otherwise we risk being ...

The first steps often taken by business owners in establishing their business are:

• to obtain an Australian Business Number (‘ABN’) and
• to register their business name through the Australian Securities & Investments Commission (‘ASIC’).

Under the Business Names Registration Act 2011 (Cth) (‘th...

You may recall reading a few years ago about the wedding photographer who was sued by the bride and groom because, amongst other things, he missed photographing the all important first kiss.

Whilst the photographer’s fee for the day was $2,700, the disappointed bride and groom refused to pay the re...

Section 357(1) of the Fair Work Act 2009 (Cth) states that an employer must not represent that a contract of employment is a contract for services under which the individual performs work as an independent contractor, otherwise the employer is at risk of the employee seeking Court orders for the pay...

Commercial and retail leases typically contain a provision allowing the tenant to transfer (assign) the lease to another tenant. The need or desire to transfer the lease can arise in a number of different circumstances – most usually where the incoming tenant is purchasing from the outgoing tenant t...

Sometimes the parties to a contract (which has already been signed and dated) will, for whatever reason, enter into another contract later on for exactly the same subject matter, but perhaps with slightly different terms – the question then becomes whether or not they intend the subsequent contract ...

On this eve of Anzac Day, we thought it was appropriate to look at the word ANZAC and the legal implications of using the word when naming a product, event or even your boat.

A quick history lesson

We all get taught about the importance and history of the Anzac landing on the shores of Gallipoli o...

There are significant financial and managerial benefits for businesses relying on a workforce which consists of independent contractors (who can be engaged as required depending on the workload), rather than employees (who are engaged on a more permanent basis, irrespective of the workload). Unfortu...

The Australian Competition & Consumer Commission (ACCC) commenced proceedings against Chrisco Hampers Australia Ltd (Chrisco) in the Federal Court almost 12 months ago, alleging that the lay-by agreement for its Christmas hampers was unfair.

The Federal Court has just handed down its decision – and...