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Commercial Law

Intention or Effect: Are Conflicts of Interest in Director Positions always Oppressive?
Intention or Effect: Are Conflicts of Interest in Director Positions always Oppressive?
Intention or Effect: Are Conflicts of Interest in Directorial Positions Always Oppressive? A 7-year ...
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Roles, Powers, and Legal Obligations of Strata Management Agencies in Strata Schemes
Roles, Powers, and Legal Obligations of Strata Management Agencies in Strata Schemes
This article outlines the roles, powers, and legal obligations of strata managing agents under the S...
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You are liable for third party content on your social media outlets
You are liable for third party content on your social media outlets
Many companies now have their own Facebook page or Twitter account and use the same for marketing, b...
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Understanding Strata Schemes: A Guide for Owners in NSW
Understanding Strata Schemes: A Guide for Owners in NSW
Strata schemes are a common form of property ownership in multi-unit developments, including apartme...
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Sophisticated and Professional Investors – What are they?
Sophisticated and Professional Investors – What are they?
The Corporations Act 2001 (Cth) (“The Act”) in s708(8) states that an offer of shares does not n...
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To Reverse Takeover or not?
To Reverse Takeover or not?
Picture the scenario where a thriving private company aspires to be listed on a stock exchange, but ...
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Is it a Penalty Clause?
Is it a Penalty Clause?
Is it a Penalty Clause? Is someone trying to hold you liable for breaching a clause which you believ...
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COVID-19 – General Legal Advice
COVID-19 – General Legal Advice
We understand that many of our clients are facing unprecedented challenges in light of the COVID-19 ...
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Statutory demands and how you can utilise them to recover a debt
Statutory demands and how you can utilise them to recover a debt
Statutory demands are one of the options available to creditors to recover any outstanding money the...
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Winding Up Applications
Winding Up Applications
Winding up refers to the process of dissolving a company by selling its stock and assets in order to...
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Responding to a Statutory Demand (and the COVID-19 temporary changes)
Responding to a Statutory Demand (and the COVID-19 temporary changes)
A statutory demand is a document issued by a creditor that allows a creditor to demand payment from ...
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Cultivation of Medicinal Cannabis
Cultivation of Medicinal Cannabis
In February 2016, Australia legalised medicinal cannabis. The regulation of production and cultivati...
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Importation of Medical Cannabis
Importation of Medical Cannabis
The importation of medicinal cannabis is strictly regulated and is subject to international drug con...
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Manufacturing of Medicinal Cannabis
Manufacturing of Medicinal Cannabis
To manufacture medicinal cannabis, the manufacturer must hold both an Office of Drug Control (ODC) l...
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Hemp Cultivation
Hemp Cultivation
Hemp is a cannabis plant species that contains tetrahydrocannabinol (THC) and when the seed is used ...
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Exportation of Medical Cannabis
Exportation of Medical Cannabis
The ability to export medicinal cannabis was legalised in February 2018. There are certain requireme...
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The Tax Benefits of Venture Capital Fund Limited Partnerships
The Tax Benefits of Venture Capital Fund Limited Partnerships
The Federal Government provides generous tax relief for funds registered as Early Stage Venture Capi...
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Removal of Trade Marks for Non-Use: Applying and Responding
Removal of Trade Marks for Non-Use: Applying and Responding
Trade Mark registration does not provide boundless and unconditional protection for its owner. An ow...
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R&D Tax Incentives for Innovators
R&D Tax Incentives for Innovators
The Federal Government’s R&D Tax Incentive program is targeted at Australian companies, partic...
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Privacy Concerns and Cloud Computing
Privacy Concerns and Cloud Computing
For many businesses, cloud computing has become an essential tool to minimise ongoing computing cost...
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Privacy Act –The 2014 Reforms
Privacy Act –The 2014 Reforms
On 12 March 2014,the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) will come into ...
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Social Media Monitoring
Social Media Monitoring
QANTAS has recently come under fire for the appearance of pornographic material on its Facebook page...
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International Chamber of Commerce –Rules of Arbitration
International Chamber of Commerce –Rules of Arbitration
An arbitration agreement gives parties a chance to present their contractual disputes for decision b...
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Honest and Concurrent use of a Trade Mark
Honest and Concurrent use of a Trade Mark
A trade mark is a vital part of any business and is the identity of a product or service. Accordingl...
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Government Grants for Industry Innovators
Government Grants for Industry Innovators
The Government’s Small Business Enterprise program has been established to encourage small busines...
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The Doctrine of Innocent Infringer
The Doctrine of Innocent Infringer
In our article titled Copyright Infringing Drawings & Plans, we discussed situations where there...
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Be Careful of What You Post on Facebook
Be Careful of What You Post on Facebook
In the case of Seafolly v Madden [2012] FCA 1346, Leah Madden, the principal of White Sands, an Aust...
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What is Serious Misconduct? What is Unfair Dismissal?
What is Serious Misconduct? What is Unfair Dismissal?
For those who are reading this article to learn more about Unfair Dismissal Remedy Applications with...
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Unfair Dismissal –The Principal Purpose Test
Unfair Dismissal –The Principal Purpose Test
Pursuant to the Fair Work Act 2009 (Cth) (the Act), a person is protected from unfair dismissal if t...
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Summary Dismissal –What is Serious Misconduct and Breaching Company Policy
Summary Dismissal –What is Serious Misconduct and Breaching Company Policy
On many occasions our clients have asked whether they can dismiss an employee on grounds of serious ...
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Set your privacy protections on social media otherwise you can be sacked!
Set your privacy protections on social media otherwise you can be sacked!
In the case of Stutsel v Linfox Australia Pty Ltd [2011] FWA 8444, Mr Stutsel, an employed truck dri...
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Return to Work Guarantee –Merit Based Reviews
Return to Work Guarantee –Merit Based Reviews
Pursuant to s 83 of the Fair Work Act 2009 (Cth) (the Act), if an employee is on unpaid parental lea...
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Offer to redeploy a redundant employee into another role
Offer to redeploy a redundant employee into another role
Pursuant to s 389 of the Fair Work Act 2009 (Cth) (the Act), an employee’s dismissal is not a case...
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Non Payment of Long Service Leave due to Employee’s resignation on grounds of inadequate child care
Non Payment of Long Service Leave due to Employee’s resignation on grounds of inadequate child care
An employee is entitled to 8.67 weeks of paid long service leave when an employee has been employed ...
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Misleading and Deceptive Conduct Relating to Employment
Misleading and Deceptive Conduct Relating to Employment
Schedule 2 of the Competition and Consumer Act 2010 (the Act) makes provisions for misleading and de...
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Making someone redundant whilst on maternity or parental leave
Making someone redundant whilst on maternity or parental leave
An Unlawful Termination can occur where an employer terminates, or makes redundant, an employee whil...
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Lookout for the Fair Work Ombudsman and the fines which can apply
Lookout for the Fair Work Ombudsman and the fines which can apply
Pursuant to the Fair Work Act 2009 (Cth) (the Act), Fair Work Australia has the power to appoint Ins...
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A Reflection of Society’s Expectations for Sexual Harassment Victims
A Reflection of Society’s Expectations for Sexual Harassment Victims
The Full Federal Court of Australia (the “Full Court”) has recently made a landmark decision in ...
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Don’t allege fraud or serious misconduct unless you have the evidence!
Don’t allege fraud or serious misconduct unless you have the evidence!
In the case of McKerrow v Sarina Leagues Club Incorporated T/A Sarina Leagues Club [2012] FWA 1251,...
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Classification of Employees pursuant to Modern Awards
Classification of Employees pursuant to Modern Awards
The Fair Work Ombudsman has been busy prosecuting businesses and directors for the underpayment of w...
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Failing to Acknowledge a Social Media Workplace Policy May Lead to Dismissal
Failing to Acknowledge a Social Media Workplace Policy May Lead to Dismissal
In Pearson v Linfox Australia Pty Ltd[2014] FWC 446, Commissioner Gregory of the Fair Work Commissio...
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Am I An Independent Contractor?
Am I An Independent Contractor?
In gaining work you may find yourself being labelled as an independent contractor, but what does tha...
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A positive obligation of redeploying a redundant employee
A positive obligation of redeploying a redundant employee
Employers must be mindful of its obligations under the Fair Work Act 2009 (Cth) (the “Act”) when...
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Employee Share Schemes – What Proportion should be Available on Cessation of Employment?
Employee Share Schemes – What Proportion should be Available on Cessation of Employment?
This is our third article in our series of articles on Employee Share Scheme (“ESS”). Where empl...
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Employee Share Schemes – ‘Golden Handcuff’ or Reward for Past Services?
Employee Share Schemes – ‘Golden Handcuff’ or Reward for Past Services?
This is our second article in our series of articles on Employee Share Scheme (“ESS”). The chara...
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Employee Share Schemes – Introduction
Employee Share Schemes – Introduction
Are you an employee being invited to participate in an employee share scheme? Or perhaps you are an ...
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Convertible Notes – Issues in Insolvency – MurdockCheng Legal Practice
Convertible Notes – Issues in Insolvency – MurdockCheng Legal Practice
Convertible Notes – Issues in Insolvency – MurdockCheng Legal Practice Have you ever wondere...
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