Legal

Frequently neglected, the absence of a will can cause serious problems for your family and your business. It is essential for all SMEs to have a will.

There is a long history of successful family businesses in Australia. But many aren’t making adequate legal provisions to ensure their business survives into the next generation. Implementing a succession plan is crucial.

A lot of reports have been swirling around as of late, concerning the changes to the Trade Practices Act in relation to product pricing. Restaurants in particular have been mentioned quite heavily, with restaurants who charge a weekend surcharge now being made to print two different menus – one with their weekend price and one with their Monday to Friday prices. Why is this relevant to your business and how will it affect the way you do business?

Intellectual property (IP) is often one of the uncounted assets of business, and like all business assets, IP needs to be cultivated to get the most value from it. Trade marks are an important part of IP. So what are they, why do we have them and how can you register your trade mark?

As information becomes readily accessible in the age of the internet and other advanced technology, individuals are becoming more and more aware of the ways in which they can protect and maintain the privacy of their personal information. With the advent of social networking, the lines between personal and private are becoming increasingly blurred and it is important for businesses to understand how privacy laws are applied in the online space.

Judging by recent articles in the press, employers are now not only monitoring staff’s usage of social networking sites such as Twitter but some have decided it is a good idea to become a ‘friend’ of their staff on such sites. Understandably a number of people find this idea uncomfortable and are reluctant to ‘befriend’ their manager on Twitter and allow them to ‘follow’ them around. The cross-over between work and play is becoming just too close for some, so it is important employers ensure company policies covers social networking usage.

As Twitter fever sweeps the globe, a number of serious legal and ethical issues are beginning to surface. One such legal issue that has arisen in recent months is “Twitter Squatting.” This is where someone steals your trade mark on Twitter. A similar problem occurred when domain names first started appearing and people were holding […]

For many small businesses, ICT (Information Communication Technology) infrastructure is now one of the largest contributors to their carbon footprint. Driven by current economic times and environmental concerns, many small businesses are making green considerations an important factor in ICT purchasing decisions. Up until very recently the green spotlight has focussed most on the big […]

Many businesses are currently being faced with the need to reassess their resources, including considerations of restructuring and reducing their workforce. With redundancies being felt across the country, employers need to know their legal obligations.

The benefits of social networking for business have been widely debated, in particular the use of Facebook in the workplace. However, there are many legal issues that need to be explored from privacy and protection to liability regarding your company website and links. Earlier this year the High Court of Justice in England awarded a […]

In the current climate, it has never been more important for SMEs to protect their intellectual property. Unlike government departments and large corporations, there are no default contact clauses when it comes to IP protection for SMEs, so getting the right advice is crucial. Most businesses that rely on developing or exploiting any form of […]

Starting a business can bring feelings of both adrenalin and fear. There are some important legal aspects that anyone starting up a new business should consider to ensure a successful start up. After seven years of working for somebody else, I recently established my own law firm with a partner. As a business lawyer, I […]

While staff incentive schemes are effective, Michael Derin says first you should consider the tax implications of your new staff retention plan. With unemployment at its lowest in 33 years, it has become a challenge for businesses, particularly SMEs, to attract and retain effective and productive employees. One way of doing this is by offering […]

While the financial benefits of being a sole trader are more enticing than those of being a private company, the business risks can be scary. Gavin Dixon explains why setting up as a private company is a business owner’s best protection from liability. The biggest decision many young, aspiring entrepreneurs faced when setting up the […]

When it comes to retail leases, most business owners would agree there is currently a severe imbalance between landlords and tenants. But changes to the Retail Leases Act could change retail lease negotiations in New South Wales. Although the present rent regulations in New South Wales are aimed at stabilising tenancies, they are often arbitrary. […]

Do you know your Occupational Health and Safety (OHS) obligations about workplace safety training? Any idea what ignorance of OHS training obligations could cost you? And what it might cost employees, perhaps serious injury or even their lives? Here are the crucial OHS clauses. Employees have a legal right to be sufficiently trained to undertake […]

A change in government also means a change in business practices. We ask the experts the following questions about the Labor Government’s effect on business: What do you think the change in government means for SMEs? What will be the key impacts to business and how should small business owners adapt to the new government? […]

SMEs need to know how to comply with privacy laws that protect personal information. Here’s a guide to privacy clauses, so your business meets its legal obligations. With the evolution of the information age and the constant development of new technologies that enable invasion of privacy on unprecedented levels, privacy law has become one of […]

Compliance with anti-money laundering laws is now a necessity. The laws aim to protect Australia’s financial system, so read on to make sure your business is compliant with anti-money laundering laws. The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (the AML/CTF Act) was introduced on December 12, 2006. Implementation of the provisions of the Act […]

We gathered a panel of industry leaders and business experts to give us their view on what the Rudd Government’s effect on business will be. As you’d expect, there were plenty of contentious ideas being thrown around about how businesses will be affected. The panel: Richard Evans, CEO Australian Retailers Association Sheryle Moon, CEO, AIIA […]