Sometimes a good reason is not enough. A claim for Unfair Dismissal can arise where the process of dismissing an employee is deficient. When it is time to send a poor performer packing, be mindful of the guidelines in the Fair Work Act 2009.
A security interest is something that secures the payment or performance of an obligation. The Personal Property Securities Act applies to tangible property such as plant and equipment, goods and materials, as well as to intangible property, such as intellectual property rights, contractual rights and book debts.
It is common for employment contracts to include a 'restraint clause' which says that an employee who leaves will not work in the local area for a certain period of time. But what happens if a former employee ignores this?
A Trade Mark is a unique logo or name or image which distinguishes certain goods and services from those of another person. There is a formal registration requirement and your registration of trade mark in Australia. It is important to consider registration in other jurisdictions if you are involved in business overseas. Managing Partner Mitchell Zadow explains.
Quite often commercial tenants are companies. What happens if your commercial tenant is experiencing financial difficulties or if they have a liquidator or administrator appointed? As a Landlord, you cannot simply terminate the lease. So what can you do? We outline three broad categories of insolvency that may be applicable to a commercial tenant as a company. Read here for more information.
Prior to commencing court proceedings, a dispute should be mediated if at all possible, in order to save significant expense and worry. Even if you do commence legal proceedings, a Court will require you to attempt to resolve the dispute at mediation before proceeding to a final hearing.
If a retail premises lease contains an overholding clause, its effect will depend on the conduct of both the Landlord and the Tenant once the original lease expires. However, where a Tenant exercises an option to renew, the circumstances will be different.
In selling its Business, your Tenant will need to arrange for a Transfer of the Lease of the Premises from him/her/it to the Purchaser of the Business. As Landlord, your key consideration is whether to consent to such a transfer. Without consent, the Purchaser will have no right to use the Premises and, if the Tenant has already transferred the Business to the Purchaser, then the Tenant would be in breach of the Lease.
Arbitration is increasing in popularity as a pathway to dispute resolution, and many business contracts include a clause which requires all disputes to be resolved by arbitration. Additionally, you can save thousands of dollars, as well as many days of valuable time by using arbitration instead of going to Court. Our Commercial Law Team explains.
In selling your Property, you are not only dealing with a substantial asset, but you are also going to enter into a very valuable Contract with a party you probably have never met or dealt with. Given this, your rights should be properly protected from the many risks and dangers not only from the nature of the transaction but also from any actions of the Purchaser or their solicitors/conveyancers. A solicitor is best placed to give you this protection and peace of mind.
