A Mediator facilitates the disputing parties to reach an agreement. To do this effectively, the Mediator needs to understand the position of both parties. Each party will enter a Mediation Agreement with the Mediator in which the Mediator promises to keep each party's information confidential. We list some things to keep in mind.
If you thought that only company directors have to worry about insolvent trading, you would be wrong. Many of the duties that apply to company directors also apply to the committee members of Incorporated Associations! Samuel Ellemor explains.
Buying a business can be a risky investment. Care must be taken when determining how you will purchase the business (e.g. sole trader, partnership, trust or company). Factors to consider include your own personal liability, asset protection and the costs involved.
Today's workers are more skilled and mobile than at any other time. No longer satisfied with a single job for life, the average worker will now have in excess of 12 different jobs during their lifetime, often changing jobs every three to five years. This increase in worker skill and mobility has been accompanied by a significant increase in the prevalence and complexity of Restraint of Trade clauses.
When a Will maker passes away, the executor makes an application to the Court to confirm the validity of the Will. If a DIY Will is not drafted or executed in the manner required by the law, proving the Will's legitimacy before a court may be costly and time-consuming.
We recommend that trust deeds be carefully reviewed prior to purchasing a property in order to ensure that you are fully aware of your tax obligations. Disclosures to the SRO need to be made up front, where appropriate. If you think that you may have inadvertently breached your reporting obligations, we recommend that you seek immediate legal advice.
Are you thinking about terminating someone"s employment? Do you know how much notice, or warning, you must provide them or how much you must pay them? We outline some key considerations, including notice period and final pay. Read here for more information.
This organisation either had no values or its values were well and truly buried such as to create deep systemic issues, resulting in fraud and theft. It is an extreme example of what can go wrong. Of greater prevalence and concern are the subtle weakening of like organisations where values are relatively unimportant and are not 'lived out', commonly resulting in ineffectiveness, low morale, poor productivity, conflict or dysfunction and delivering less than optimal outcomes.
A social impact bond or social benefit bond is a form of finance intended to raise capital for programs addressing areas of pressing social need in the community. It can be a particularly attractive option for organisations that do not have sufficient capital to fund a given social benefit project.
It is an unthinkable scenario but it is important to understand and be prepared for what happens if the Executor of a Will dies or is incapacitated. We outline key things to consider that can assist to avoid this situation. Read here for more.
A contract is an agreement between two parties that is intended to be enforceable by law. Verbal agreements are contracts that have been agreed by spoken communication.In contrast, a written contract is an agreement that is recorded in writing and is signed by the parties to evidence their agreement. There are certain types of contracts which must be in writing, and this includes contracts for buying or selling houses, or buying a car from a licensed dealer or trader.
Unfair preference claims are brought by a company's liquidator against an unsecured creditor. The liquidator's role is to ensure that the assets of the company are distributed equally between all unsecured creditors. As the name suggests, unfair preference laws prevent one creditor unfairly gaining a preference over another creditor.
