Businesses have an obligation to comply with numerous pieces of legislation, and this can certainly prove challenging. But the importance of putting in place a proper process for requiring and monitoring compliance cannot be underestimated. CURRENT FOCUS In 2015, the...
As published in CK Momentum Issue 9 (Click here to download) Ecommerce is well and truly here to stay and appears to be gaining momentum. We are continually hearing stories of entrepreneurs and solopreneurs taking on the established juggernauts of industry and winning...
For exporters of goods and services, serious consideration must be put into balancing the potential benefits of providing favourable payment terms with the risk of payment default and the costs of international debt recovery. It is beyond the scope of this article to...
Australia Post has made changes to its letter delivery service, effective from January 2016, which has created two types of standard letter delivery, being “regular” and “priority”. The estimated delivery times for each service are reported to be: PRIORITY POST: 1 to...
A recent Fair Work Commission decision demonstrates how far the Fair Work Act 2009 (Cth) bullying jurisdiction extends, which will have serious ramifications for Bodies Corporate, committee members and individual lot owners. THE FACTS The Applicant was employed by a...
Managing risk is an important part of prudently operating a business. An effective risk management system will enable the business to identify, assess, monitor and manage risks. Some risks can be managed by having in place appropriate insurance, although this is by no...
The Queensland District Court has recently considered whether set-off is available in respect of unfair preference claims. The decision of the Queensland District Court in Morton & Anor v Rexel Electrical Supplies Pty Ltd [2015] QDC 49(“Rexel”) has re-ignited...
As published in CK Momentum Issue 8 (Click here to download) Alternative dispute resolution is an integral part of global business. There is a growing need for contracts to adequately reflect an international position for any dispute resolution process that...
TRICKS AND TIPS FOR LENDERS, BORROWERS AND LAWYERS Alceon Group Pty Ltd v Rose [2015] NSWSC 868 In the lending business, personal guarantees are common practice. However, any financial transaction can pose substantial risks for guarantors, lenders and lawyers. Below,...
The High Court's recent Judgment in Lavin v Toppi contains useful reminders and guidance on the liability of co-sureties. Litigation & Insolvency Associate, Adam Khan, looks at the broader implications of the case. THE FACTS Mrs Lavin and Ms Toppi guaranteed a...
As published in CK Momentum Issue 7 (Click here to download) Minutes of directors' meetings are critical in protecting the directors and managers of a company from claims that they have not properly discharged their duties. There can be serious reputational...
The High Court's recent Judgment in Lavin v Toppi contains useful reminders and guidance on the liability of co-sureties. Litigation & Insolvency Associate, Adam Khan, looks at the broader implications of the case. THE FACTS Mrs Lavin and Ms Toppi guaranteed a...