Employee share schemes (ESS) are an incentive tool used by employers in Australia to –        attract and retain employees that provide value to their employer; whilst –        allowing the employee to be personally and financially invested in the employer’s business success. Where an employee receives shares from their employer at a discount, that discount amount…

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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…

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NB Lawyers – lawyers for employers are assisting a number of clients with business sale transactions.  One of the main considerations by many Employers in Australia who are looking to sell their business is the question around employee entitlements and legal obligations when selling or transferring a business. There are 2 main situations in a…

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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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Redundancy in a transfer of business situation will usually be in circumstances where the “new” employer does not want to bring the employee onboard (for whatever reason) or the employee does accept a suitable alternate position. A recent case before the Fair Work Commission of Gravenall [2020] FWC 4499 (26 August 2020) (Gravenell Case) demonstrates…

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Are you looking to buy a business, or have you signed a contract already? If so, there are key risks and advantages about the structure of the transaction that need to be understood before looking at the detail. There are many reasons to buy a business. Perhaps you are a new business owner and want…

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