Legal Q&A

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Edward Plant added an answer to this question
Top voted answer
Edward Plant

Edward Plant, Strategic Leader at Lead a Better Business

Top 20%

I recommend Ian Kennedy form McLaughlins Lawyers. They have just won a high court digital marketing case and set new precedants in Australia as a result. Very good and have a team of digital experts that can provide advice. let me know if you want to be connected.

Paul Williams added an answer to this question
Paul Williams

Paul Williams at SMART TRAFFIC AUSTRALIA PTY LTD.

We contacted ASIC for our company number - after paying their large bill they provided us with our ACN (9 digits). Now they contact us saying that our business website name does not match the company number - What is going on here?

Katherine Hawes added an answer to this question
Katherine Hawes

Katherine Hawes, Solicitor at

Top 10%

Hi Jess - it is important that you have enforceable clear contracts with your customers.  The agreement needs to set out who is responsible for what, when and how plus liability issues.  Not sure where people get the idea that it is thousands of dollars. We have fixed fee of between $600 and $1000 depending on complexity.  Getting it wrong will cost a lot more than that.
 

Jacqui Pryor added an answer to this question
Jacqui Pryor

Jacqui Pryor, Director at

Thanks for the tag today Yee :)

Certainly, the terms of the agreement would need to be reviewed to determine any/all action available to you. However, I agree with Katherine's comments above. On the face of your post it certainly sounds like he may be guilty of engaging in misleading and deceptive ...  Continue Reading
Yee Trinh

, Cofounder at

Thanks Jacqui! Appreciate your thoughts!

Kayte Lewis added an answer to this question
Kayte Lewis

Kayte Lewis, Director and Lawyer at Voice Lawyers & Advocates at

Hi Fiona, 

In short yes it may be legal. Employees have to usefully employed. Some employers may be takin advantage of it nad Fair Work commission has put on more staff to deal wiht applications. I have written about forced leave and stand downs in general terms. You may need to get advice specif to your husbands situation. 
https://www.voiceadvocates.com/single-post/2020/03/27/Stand-Downs-Forced-Leave
 

Regie Anne Gardoce added an answer to this question
Regie Anne Gardoce

Regie Anne Gardoce at

Hi Shani, Regie from Sprintlaw here. We're an online law firm that helps small businesses so I thought I'd give you some general legal information that might help!

First - do you have a contract? The answer to this question will most likely be found in any contracts signed between ...  Continue Reading
Sonia King added an answer to this question
Top voted answer
Sonia King

Sonia King, Founder & Managing Consultant at

Top 10%
When drafting a contract between yourself and a service provider you need to be very specific and detaild about what you are agreeing to and the deliverables. As well as who is responsible for what, and what will be the consequences of none delivery or poor performance. 
The language needs ...  Continue Reading
Deborah Vella added an answer to this question
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Deborah Vella

Deborah Vella at

Top 10%

A common legal issue for small businesses is getting their business structure right. Sometimes its really easy to just start a business without thinking about the legal structure. One thing leads to another and you end up with a mess of who owns what. This has legal risks to you and your business and also immediate tax implications. Before starting a business, you should obtain advice from a lawyer and an accountant.

Kellie Jukkola

, Associate at

And a Trade Marks Attorney! There's a common misconception that business or company name registration provides exclusive rights in a name, when in fact only trade mark registration does this. ASIC might also allow registration of a business or company name that isn't actually available for use because someone has already registered a trade mark for a sufficiently similar name. The business structuring and trade mark registration work hand in hand, because ownership of trade marks is something applicants must get right from the outset - errors in ownership details at the time of application generally cannot be rectified. There may also be tax repercussions for transferring ownership of trade marks at a later date.

Phil Khor added an answer to this question
Phil Khor

Phil Khor, Founder at

Top 10% Get quote
Great question Deborah!

I like lawyers whom I can trust and build a good rapport with. I hire lawyers who has my back, and who is able to attend to issues in my business, however complex those may be. He/she should be someone I wouldn't hesitate to pick up the phone and have ...  Continue Reading
Marcus Tjen added an answer to this question
Marcus Tjen

Marcus Tjen at

Top 10%

If you search a business name in ASIC and it's available then you can register it.  If it's registered in NZ and not in AU then it's probably because they are not planning to operate in AU anytime soon.    

Tom Valcanis added an answer to this question
Tom Valcanis

Tom Valcanis, Copywriter at

To a point. As much as I trust any online service. For boilerplates and general advice, I would go to an online only service. Earlier this year, I had a legal matter concerning defamation in my industry. I wouldn't go to an online service straightaway, I'd contact a bricks and mortar media lawyer.