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Traps to avoid in Commercial Leases
Commercial leases form part of many business transactions and commercial property is a popular investment choice. Whether you are a tenant or landlord, there is much to consider when entering into a commercial lease. Some commercial leases are classified as ‘retail’ and fall under specific legislation operating in various States. With the increase of retail […]
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Business Structures: Partnership
When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. In Australia, there are 4 common business structures – sole trader, partnership, trust and company. Different business structures have different benefits and disadvantages. This article looks at partnerships – how to set one up […]
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Everyone is talking about ‘corporate governance’…. But what does this actually mean?
In recent times the term ‘corporate governance’, and the increasingly popular ‘good corporate governance’, appear to be regular topics of discussion both in the media and the general population. These terms are routinely used when considering the actions of a wide range of companies from very small local companies through to global giants such as […]
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Business Structures: Sole Trader
When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. Different business structures have different benefits and disadvantages. This article looks at the sole trader business structure – how to set up as one and the pros and cons of this structure. Key Features […]
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Directors’ Responsibilities – a Guide
A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its individual right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised […]
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Attention to Detail – Defects in Statutory Demands
A statutory demand is a useful way to exert pressure on a company to force it to pay its debts. However, a creditor using a statutory demand to quickly recover a debt can run into trouble if the legal requirements regarding the form and wording of the statutory demand are not complied with. Defects in […]
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The Risks of Going Guarantor
Has a family member asked you to provide a guarantee for their home loan, or personal loan or business loan? If so, you need to be clear about your obligations under a contract of guarantee. What is a guarantee? If a lender is concerned about a borrower’s capacity to repay a loan or has classified […]
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Commercial leases – Responsibility for repairs and maintenance
A commercial lease is a legally binding contract that gives a tenant certain rights over a property for a set period of time subject to the terms and conditions set out in the lease. A commercial lease is used when leasing property used primarily for a business. You should never sign a lease without understanding […]
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Unfair Contracts Update – are you complying with the law
In November 2016 the current Unfair Contract Terms Regime (UCT Regime) was extended to cover standard form contracts entered into with ‘small business’. The changes have a significant impact on the way Australian businesses contract with each other and it is important that you understand how the changes affect you and how you need to […]
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Update on Personal Property Security Register
The Personal Property Securities Register (PPSR) is a national, electronic register of security interests in personal property that was established on 30 January 2012. What does the PPSR cover? The easiest way to understand what is covered is to dissect the name – Personal Property Securities Register – think of the ‘personal property’ part as […]
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