Legal
Business law, also known as commerce law, covers laws that apply to businesses and commerce activities. It encompasses many disciplines including intellectual property, employment law, business tax and
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Review and write terms and conditions and supply agreements for your business.
Conduct due diligence, negotiate and handle all aspects of buying and selling a business
Write an agreement to govern relationship between you and other partners in your business.
Advise, coordinate and handle all aspects of business transaction, merger, acquisition and disposals.
Write agreement to outline roles of contributors, decision making processes, profit sharing terms for all parties.
Draft a contract or review a contract by business lawyers who specialise in your industry.
Review the legal health of your business and draft up legal documents and contracts
Advise and handle all aspects of trust and estate planning and administration by experienced probate lawyer.
Periodic comprehensive legal health check to identify risk areas to address by qualified business lawyers.
Protect your franchise value with written agreements and commercial strategies that adhere to complex franchising law.
Apply for a trademark, or apply for a patent and protect against infringements of your intellectual property.
Apply for an Australian Business Number (ABN) online with the guidance of a qualified laywer.
Register your company name with ASIC and obtain an Australian Company Name (ACN) with a registered office.
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, Solicitor at Digital Age Lawyers
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, Director at Mark My Words Trademark Services Pty Ltd
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 conduct.
Copyright infringement may come into play if he's using your images or any of your 'work'. If he's using images he took and never assigned copyright ownership to you when you purchased the business then he may still be the copyright owner, but, depending on all the specifics using those images may still amount to misleading/deceptive conduct etc.
All the best :)
Kayte Lewis, Director and Lawyer at Voice Lawyers & Advocates at Voice Lawyers
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 at Sprintlaw - Legal Services
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 the parties. Have a quick look at any particular cancellation, refunds or payment terms in the contract. As Nicole has mentioned above, there are technical contract law principles such as force majeure and frustration that could be relevant here.
Then, you could explore options. Think about how payment was structured: did you take payment upfront? Was it a deposit? Or are there milestones for payment? These will determine your options, for example, you could potentially postpone the services or goods at a later date (when the event does eventually happen) to preserve the cashflow for your business. Think about how airlines right now are giving flight credits instead of refunds. Many people right now are understanding of small businesses in these kinds of predicaments so negotiating this could be the most practical option. Once you agree on something, it's a good idea to have it in writing to avoid disputes later.
There are also general consumer laws about who is entitled to refunds, etc. However, you'll need to speak with a lawyer to get specific legal advice on your situation.
We also have a useful article here on how to protect your business against event cancellations. Read it here: https://sprintlaw.com.au/protecting-against-event-cancellations/.
I hope this helps! You can also reach out to our team at team@sprintlaw.com.au for a quick chat :)
Justine Garcia, Community Manager at SavvySME
Legal documents are essential not just for every business but personally too. This is a good article to read.
Justine Garcia, Community Manager at SavvySME
Great reminder for small businesses on legal issues with electronic contracts, especially the part that highlights how emails can be considered for legal claims in the courtroom.
I always feel it’s better to be safe than sorry, so you should seek professional help when you have little or zero knowledge on e-contracts. Even a one-off consultation with a small business lawyer can uncover many blind spots, issues and challenges in a contract that never crossed your mind. It’s not a legal fee, it’s an insurance for your small business.
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Business law, also known as commerce law, covers laws that apply to businesses and commerce activities. It encompasses many disciplines including intellectual property, employment law, business tax and commercial real estate. Legal mistakes can be costly, so you should always consult or hire business lawyers for legal advice or aid.
Here is a list of legal questions you should consider when starting a new business: