There is always a fine line between the expected 'sales pitch' and a genuine representation or promise to get a Tenant over the line. Care needs to be taken when offering incentives to a Tenant and it is in the interests of both parties that all terms that are intended to be binding are included within the written Lease and are clear as to their effect.
The safest course for employers is to ensure that their employee contracts contain a restraint-of-trade clause, with such restraints being fair, reasonable and legally enforceable. A well-drafted contract can protect an employer in a way that is much more efficient and cost-effective than Court proceedings!
Corporate governance is heavily regulated in Australia. A director's duty to avoid a conflict of interest was introduced to ensure that directors act in the best interests of the company. A breach of the duty to avoid any conflict of interest will have serious consequences for both the director and the company. Mitchell Zadow explains.
As a Landlord, be aware of what you or your agents are saying and showing to a Tenant. Always ensure that you have reasonable grounds to make those representations. In order to be effective, any legal disclaimer needs to be prominent, specific to the circumstance and a clear part of the overall picture of the premises being represented to a prospective Tenant.
Businesses need to act when an employee is showing signs of distress caused by something that has occurred in the workplace. The risk of a claim will be higher if it can be shown that the business was aware of the effect the workplace environment was having on the employee.
The Code is a mandatory industry code that all Australian franchisors and franchisees must comply with. The Government has now legislated the new Code and we can now see what changes have been implemented. The new Code will apply from 1 January 2015 and will apply to all franchises across Australia. Mitchell Zadow outlines the key changes.
Is a landlord entitled to call on a bank guarantee if they claim in good faith that there was a breach? Or, does there need to be an actual beach for the landlord to exercise their entitlement? Landlords need to ensure that their lease does not require an actual breach in order to exercise their entitlement to call on the bank guarantee. If a landlord calls upon a bank guarantee without any right to do so, they may become liable to the tenant for damages.
To ensure that you avoid difficulty when looking to sell, it is crucial that a solicitor prepare your Contract and Vendor's Statement. They can ensure that you comply with your disclosure obligations and that any Contract entered into is valid and binding. Further, any documents prepared before the introduction of the new requirements should be recalled and amended as necessary to ensure compliance.
Self Managed Super Funds (SMSFs) are growing in popularity, as more Australians decide to take retirement into their own hands. It is important to remember however that SMSF is subject to very stringent laws and regulations which govern how the Fund can be managed, and how the assets of the Fund can be used. Mitchell Zadow outlines recent changes.
Whenever you are buying assets or a business, make sure the contract contains all the necessary warranties to ensure you are getting what the Vendor promised. The wording of the warranties can make a big difference too. As a vendor, you need to be careful to ensure that you do not promise anything you cannot deliver, or something that may not be accurate. Read here for more information.
