Selling your business with vendor finance; a big no no

If the bank won’t lend the purchaser money, why should you? Read more on our thoughts about vendor finance.

Business LawLachlan Edwards14 June 2024O'Farrell Robertson McMahonfinance, vendor, vendor finance, sale of business, business purchase, business sale

Signed, sealed, not delivered: When contracts can be broken on unfair terms

Changes to the Australian Consumer Law now prohibit businesses from proposing, using, or relying on unfair contract terms in standard form contracts with consumers and small businesses.

Business Law, Business LitigationLachlan Edwards1 February 2024unfair contracts, business law, contracts, business contracts

SMSF – Should I have a company as trustee for my self-managed super fund?

When creating a self-managed superannuation fund, care needs to be taken up-front to get the right trust structure in place for management of the fund.

Business LawLachlan Edwards23 August 2021O'Farrell Robertson McMahonsuperannuation, self-managed super fund, self managed superannuation fund, SMSF

I provide my employees their National Employment Standards entitlements, that's it isn't it?

As an employer it is always the right time to ensure you are meeting your employment obligations to your staff.

Lachlan Edwards5 July 2021O'Farrell Robertson McMahon

Are restraint of trade and non-compete clauses valid?

Our business lawyers are frequently asked about the validity and enforceability of restraint of trade or non-compete clauses in employment contracts. As with everything legal the answer is often, “it depends”, and that’s why it’s important both employers and employees get the right advice.

Business LawLachlan Edwards7 June 2021O'Farrell Robertson McMahonrestraint of trade, non-compete clause, employment contract, terminating employees, unfair termination

Can employers require employees to get a Covid-19 jab?

Are there situations where an employer can require an employee to receive a Covid-19 vaccination?

Business LawLachlan Edwards17 May 2021O'Farrell Robertson McMahoncovid-19, employer obligations

What can Collingwood teach your business?

Scrutiny of the Collingwood Football Club through the Do Better report highlights the need for all business to comply with the law by ensuring a safe workplace, avoiding racial discrimination and avoiding direct and indirect discrimination for all employees.

Business LawLachlan Edwards10 February 2021O'Farrell Robertson McMahonpolicy, social media policies, racism

Do employees have to return to the office?

Relaxed Covid-19 restrictions, after so many have worked at home during various lockdowns, raises the question of employers being able to force their employees back into the office and if so, on what grounds and under which conditions.

Business LawLachlan Edwards2 February 2021O'Farrell Robertson McMahonemployer obligations, employment, employment contract

How do I sell or divide jointly owned property if the other owner doesn’t agree?

Joint ownership of land can cause problems when there is disagreement about how the land can be used. One party can force the other to sell or subdivide but only if that is “just and fair” which can be a question for VCAT to resolve.

Conveyancing, Business LitigationLachlan Edwards9 December 2020O'Farrell Robertson McMahonpartition, land transfer

Understanding a s173 agreement when purchasing property

Property can have a section 173 agreement where the council limits some aspects of how the property can be used.

ConveyancingLachlan Edwards30 November 2020O'Farrell Robertson McMahonsection 32, section 173

Disclose or not disclose? Material facts when buying a property

Prior to March 2020, the seller of a house did not need to tell the buyer if the house had been used for illicit drugs, or the soil was contaminated, or mention any number of undesirable factors that would affect the value and enjoyment of the property.

ConveyancingLachlan Edwards26 November 2020O'Farrell Robertson McMahonsection 32

Do I even need a shareholder agreement? Yes, they are important

Lachlan Edwards lists a number of reasons why a partnership requires a shareholder agreement for the protection of all.

Business LawLachlan Edwards30 September 2020O'Farrell Robertson McMahonreaching agreement, shareholder agreement, partnership

What to do when an employee goes rogue on social

Once a client has made a “rogue” comment on social media about your business, what options are open to you?

Business LawLachlan Edwards4 September 2020O'Farrell Robertson McMahonsocial media policies, social media, employment contract, employment, terminating employees

Preventing employees causing damage on social media

Can you protect yourself against social media abuse by your employees?

Business LawLachlan Edwards3 September 2020O'Farrell Robertson McMahonsocial media policies, social media, employment contract, employment, employer obligations, terminating employees

Retail lease outgoings: what are your responsibilities?

As a retail landlord you have obligations to disclose outgoings to your tenant.

Business LawLachlan Edwards1 September 2020O'Farrell Robertson McMahonlease, retail lease, outgoings

Marketing your business the right way to avoid the SPAM trap and regulator’s ire

One aspect of a successful social media strategy is knowing the boundaries and having policies in place for managing any transgressions quickly.

Business LawLachlan Edwards1 September 2020O'Farrell Robertson McMahonmarketing, social media, social media policies, policy

Employer beware - regular and systematic casuals may be protected from unfair dismissal

Terminating a casual employee who has reasonable expectations of regular and systematic work may have legal consequences.

Business LawLachlan Edwards14 August 2020O'Farrell Robertson McMahonemployer obligations, employment contract, terminating employees, casual employees, employment, fair work, unfair dismissal, unfair termination

SME - Do I have to comply with a restraint of trade clause in my contract?

Restraint of Trade clauses, when attached to a business sale/purchase, are intended to prevent the seller competing with the business they have just sold.