Commercial Law
Due Diligence 101 – Before Buying an Australian Business
A due diligence investigation is an important step when purchasing a business in Australia and is a key component to ensure a successful acquisition and handover. By completing an in-depth look at the running operations, buyers are more possible to determine the value, associated risks and ongoing potential of the business. Due Diligence Guide For…
Read MoreHow to Set Up Business In Australia? 3 Hot Tips for International Business
For foreign investors, there are various factors to consider before starting a foreign business in Australia. Depending on the operation and industry relevant for the business, these factors can also vary. Generally, starting a business in Australia for foreigners need to consider factors including business structure, human resources and taxation. Choose Business Structure and IP…
Read More3 Hot tips on Charging Clause in Personal guarantees for directors
Personal or director guarantees are commonplace in many commercial contracts. Common transactions that will generally require a personal guarantee include: any business purchase; commercial leases; loans; or trading terms and credit applications. In such instances the personal guarantee will generally be from one or all the directors of the company. What is a Charging Clause?…
Read MoreNew Year Ready or not.. for Insolvency Reform and Debt Recovery?
Due to the unprecedented impacts of COVID-19, 2020 has seen an array of legislative interventions to protect businesses to trade through the crisis. One of the more significant changes was the extension of the time frame for companies to respond to their creditor’s statutory demands. Statutory Demands Breakdown In ‘normal’ times a creditor’s statutory demand…
Read MoreNavigating Company Management Deadlocks
We are commonly asked to advise directors and shareholders on how to resolve a management deadlock within their company. Management deadlocks can lead to damage to the business and business relationships and a lose-lose outcome for the partners. What is A Deadlock In A Company? A deadlock occurs when neither party (or factions) within a…
Read MoreDefining Drag Along Rights in Shareholders Agreements
A well drafted shareholders agreement will contain what is known as a “drag along” provision. Here we explain what a drag along clause does and why it can be important. Shareholders agreements – What is a drag along right? A drag along right allows a majority of shareholders to force minority shareholders to join the…
Read MoreConfirmation of the “Contractor” Arrangement – Dentists (and allied health)
In 2019, our office released an article regarding the findings in the case of Moffet v Dental Corporations Pty Ltd [2019] FCA 344, focussing on the Federal Court’s decision that a dentist, otherwise considered a contractor for employment law purposes, was in fact an employee for superannuation purposes. This case is important because many allied…
Read More5 Tips for Shareholders Agreement
Tip 1 – Get it done at the Beginning The single biggest mistake we see is that the participants fail to prepare a shareholders agreement at the outset of the venture. There can be many reasons for this, including but not limited to the following: it may not occur to the parties that they need…
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