Unfair Contracts Update – are you complying with the law?

The Unfair Contract Terms Regime (UCT Regime) was extended to cover standard form contracts entered into with ‘small business’ in November 2016. The Regime is fully operational and has a significant impact on the way Australian businesses contract with each other. It...

Purchasing a commercial property: technical due diligence

Purchasing a commercial property can be a significant financial investment for a buyer. In order to protect his or her potential investment, a buyer should take steps to investigate the risks of acquiring a commercial property and how to reduce those risks where...

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 –...

Personal liability for company directors

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 own right....

Retail Leasing disclosure obligations

When leasing commercial property, it is important for tenants and landlords to understand the relationship they are entering and the rights and obligations they have.In New South Wales, retail leases are regulated by the Retail Leases Act 1994 (NSW) (the ‘Act’). A...

Debt collection basics for business

If you are owed money for goods or services, the first step in attempting to recover it is generally to send a letter of demand to the other party setting out the amount of money outstanding, and giving them a defined time within which to settle the matter by paying...