A brief review of the law of defamation and its recent changes On 1 July 2021, major changes to the defamation law came into effect. These changes introduced, among other things, the single publication rule, serious harm threshold and the requirement to issue a concerns notice before proceedings can be commenced. But what does this continue reading
On 26 March 2021, the Fair Work Act 2009 (Cth) (the Act) was amended to make significant changes to casual employment. These changes affected every national system employer in Australia that employs casual employees. One of the key amendments required employers (with 15 or more employees) to proactively offer casual who were eligible, the opportunity continue reading
A Director’s Access to Company Books During Personal Litigation Being appointed as a director of a company is not something you choose to do lightly. Accepting a role as a director brings with it many statutory and fiduciary obligations which, if not complied with, can see the director personally liable for their actions and potentially continue reading
Am I a family lawyer? No. Though, through the sheer beast that is litigation, my path is often crossed with those colleagues who practice in this area of law. Often, we receive referrals from such colleagues whose client’s enquiry is often prefaced by the words “they can’t touch it, it’s in a trust! Or can continue reading
Common Pitfalls and Important Considerations for Athletes and Managers Alike As professional sport continues to develop into one of the biggest industries globally, so too do the complexity and substance of professional sporting contracts. Whether they are general competition contracts or lucrative sponsorship agreements, long gone are the days when athletes were able to adequately continue reading
The term “branding” originates from the practice of marking cattle with a branding iron to differentiate them from the stock of other farms. But the concept of branding as we understand it today is far removed from those humble origins. Brands are no longer limited to a logo or name; branding comes in many shapes continue reading
The recoverability of costs is a significant factor in legal proceedings. Most commercial agreements contain clauses seeking to indemnify an innocent party absolutely against any legal costs that might be incurred because of another party’s breach. Unfortunately, clauses of this type are regularly recycled from existing precedents, without any regard to the relevant authorities and continue reading
The legal principle of undue influence provides that a contract may be set aside or at least voidable in favour of the purported ‘weaker party’, should the agreement have arisen from a relationship of influence between the parties. Not all such transactions are remediable, but where established, the ‘weaker party’ will have the option to continue reading
A shareholder agreement is a contract made between two or more shareholders. It outlines the relationship between a company’s directors and its shareholders. It can cover matters such as new shares and sales of existing shares, the directors’ duties, codes of conduct and perhaps, most importantly, dispute resolution. For new businesses and startups, it’s often continue reading
Times being what they are, some businesses and industries are faring better than others. That statement will hold in most instances but 2020 has been particularly ruthless for some. Furthermore, the oft media touted ‘road to recovery’ is likely to leave more businesses facing potential insolvency into 2021 and beyond. Insolvency, in a nutshell, is continue reading
As a business owner, there are countless worries that may keep you up at night. Some fears are ungrounded and are more like unsubstantiated worries. In a way, they can help to keep you alert of important issues. They are small worries, focus on competitors, staff, potential growth areas, are you doing enough marketing, are continue reading
The hospitality industry is now clearly the first true financial casualty of the restrictions recently placed by the government on our usual way of life. The inability to gather in groups, social distancing and cancellation of events, conferences and the like was brutally swift and unexpected. It has had an immediate and direct impact upon continue reading
For telemarketers, making several calls a day is just a small part of the job. The challenge and the reward lie in successfully clinching a deal or generating potential leads for the organisation they represent. Enlisting the services of telemarketers bridges a wide gap between suppliers and their existing clients as well as potential new continue reading
Terms of Trade are the terms and conditions on which a business sells goods and services to customers and on which they buy goods and services from suppliers. These terms form the basis for the trading relationships for all businesses. If a business is the supplier of goods or services then it should have written continue reading
Article originally posted on LinkedIn. Disputes among company shareholders are not just common, they should be seen as almost inevitable. This is not to take a negative view of human nature but merely to state the facts. Management and strategy questions can be difficult. People often disagree on fundamental business choices. Work and personal life continue reading
Article originally posted on LinkedIn You and your partners are starting up a new company. It’s incredibly hard work. But the team is functioning seamlessly, filled with energy and ambition, everything is going great. So, when should you bring in counsel to start lawyering the financial and authority agreements among the partners? At Sajen Legal, continue reading
The answer to the question “How do you determine if a company is insolvent?” is important because there are serious consequences for a director if debts are incurred after the company has become insolvent, including civil penalties, compensation proceedings and criminal charges. However, it is often difficult to know when a company has crossed the continue reading
Did you know that company directors may potentially become personally liable for unremitted Pay As You Go (PAYG) deductions, Superannuation Guarantee Charges (SGCs) or Goods and Services Taxes (GST) – and WET and LCT? The Australian Taxation Office (ATO) has significant powers to recover a company’s unpaid liabilities personally through its directors and may issue continue reading
A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its own right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised continue reading
The Subcontractors’ Charges Act 1974 (Qld) (Act) is a powerful piece of legislation that can be used to protect the interests of subcontractors as against higher-tier contactors. Despite this, the Act has a number of strict requirements as to how and when its protections can be used. Many entities misunderstand these requirements and subsequently lose continue reading
