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A Health Check on Your Privacy Obligations

If you or your business are deemed a “health service” provider and hold “health information” for the purposes of the Privacy Act 1988 (Cth) (“Privacy Act”), then you need to be aware of your obligations under the Privacy Act and in particular the requirements of the Australian Privacy Principles which are [...]

2019-09-05T14:27:06+10:00September 5th, 2019|Categories: Commercial|Tags: , |

Gym Operators Hiring Personal Trainers – Make Sure You Consider the Options and Understand the Legal Consequences of Getting it Wrong

Gym operators hiring personal trainers –make sure you consider the options and understand the legal consequences of getting it wrongCommercial gyms may engage personal trainers to work with their clientele and add value to the overall membership experience. Gym operators need to consider their approach to engaging personal trainers to maximise [...]

2019-08-14T15:33:24+10:00August 14th, 2019|Categories: Commercial, Employment Law|Tags: , |

Retaining and Incentivising Key Employees

Retaining and incentivising key employees is an issue that nearly all businesses must confront at certain stages of their development and expansion. Generally, multiple options are available with pros and cons that need to be carefully considered based on the circumstances of the relevant business. The most commonly used incentives are [...]

2019-08-12T06:28:48+10:00June 20th, 2019|Categories: Commercial, Employment Law, Taxation|

M&A Update: The Importance of Apportioning the Purchase Price in a Sale of Business Agreement

Apportioning the purchase price in a sale of business agreement among the various assets being sold and purchased may help avoid tax headaches in the future. A sale of business comprises the sale and purchase of multiple assets, such as goodwill, trading stock, depreciating assets, buildings (including post 1979 capital [...]

2019-05-17T15:05:49+10:00May 17th, 2019|Categories: Commercial|Tags: , |

Court Puts the Brakes on Ultra Tune

By a decision of the Federal Court on 18 January 2019 by Justice Bromwich[i] national franchisor Ultra Tune was ordered to pay fines totaling $2,604,000. The fines (known as pecuniary penalties) sought by the ACCC and awarded by the Court were for various breaches of the Franchising Code of Conduct (Code) [...]

2019-03-21T15:24:50+10:00March 21st, 2019|Categories: Commercial|Tags: |

How Secure is Your Legal Relationship?

In any business arrangement it is important to  ensure the legal relationship between the various interests is carefully defined and documented. In the Hollywood blockbuster movie, The Social Network, the undefined relationship between co­ founders Mark Zuckerberg and Edwardo Saverin led to litigation which fortunately for the parties involved led to [...]

2019-02-26T14:38:12+10:00February 26th, 2019|Categories: Commercial|

Asset Protection

Protecting your hard-earned assets from legal liabilities and claims makes a lot of sense and involves forward thinking and planning. Ideally, you would like to ensure that your wealth-creation structures are separated from "risky business". Any entity conducting business is at risk because of the nature of its pursuits.  It is [...]

2019-02-22T14:56:28+10:00February 22nd, 2019|Categories: Commercial, Corporate, Insolvency|

Beware of Warranties and Representations in a Sale of Business – Vendors may be ordered to repay significant amounts

In the context of a sale of business, careful consideration must be given to warranties contained in the sale of business agreement, along with any representations made about the present and future performance of the business.  Unwary vendors may find themselves defending Court proceedings for breach of warranty or misleading or [...]

2019-02-19T11:25:44+10:00February 19th, 2019|Categories: Commercial|

Banking Royal Commission Final Report – Implications for the Financial Planning Industry

The Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was handed down on 4 February 2019. The Commissioner, the Honourable Kenneth Madison Hayne AC QC, outlined a number of key recommendations to address the issues identified by the Commission. These are likely [...]

2019-02-13T16:13:37+10:00February 11th, 2019|Categories: Commercial|Tags: |