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Franchising in construction: Is it worth it?

2018-09-18T12:25:38+00:00 September 18th, 2018|Commercial & Corporate Advisory, Construction Law, Home Building|

Many businesses in the construction industry, from project home builders through to subcontractors and manufacturers, look to franchising as an option to expand their business and market footprint.  But before making the leap towards franchising a business, it’s important to understand what franchising is and what risks may be associated with that business model. What

The new ipso facto regime and what it means for your contract

2018-08-13T18:30:32+00:00 August 13th, 2018|Commercial & Corporate Advisory, Construction Contracts, General Counsel Services|

As part of the Federal Government’s reforms to Australia’s insolvency laws under the National Innovation Science Agenda (Agenda) to promote entrepreneurship and encourage innovation, a new ipso facto stay regime became applicable to contracts from 1 July 2018. A link to our previous article on this topic can be found here. The ipso facto regime

The devil is in the detail when enforcing bank guarantees

2018-07-25T10:50:25+00:00 July 24th, 2018|Commercial & Corporate Advisory, Construction Contracts|

Strict compliance is paramount if a party wants to exercise any rights they may have to demand upon a bank guarantee. A recent Supreme Court case in Queensland highlighted that a failure to strictly comply with any requirements may mean the demand fails[1]. In Santos Limited v BNP Paribas [2018] QSC 106, Fluor Australia Pty

Superannuation – a snapshot of employer obligations

2018-07-10T16:56:27+00:00 July 9th, 2018|Commercial & Corporate Advisory|

What is superannuation? Superannuation is the money that is set aside over your employee’s lifetime to provide for their retirement. Under the Superannuation Guarantee (Administration) Act 1992 (Cth) the employer has obligations to provide a portion of the employee’s salary or wages into a superannuation fund. This is called a superannuation guarantee contribution or concessional

Recovering legal costs in Fair Work claims

2018-07-18T15:17:46+00:00 June 4th, 2018|Commercial & Corporate Advisory|

After locking horns in a contentious employment dispute, parties commonly ask if they can recover costs incurred before the Fair Work Commission (Commission). On one hand, the Commission is designed to be a simple and less formal Court to resolve disputes between employees and employers, in particular for claims of Unfair Dismissal or individual remedies

Electronic Execution of Documents: User Guide

2018-07-19T11:37:10+00:00 May 24th, 2018|Commercial & Corporate Advisory|

As businesses make the switch to paper-free workplaces it is more important to understand the requirements for valid and enforceable electronic execution of documents. What are electronic signatures and electronic execution? Electronic signatures are simply defined as a visual representation of a person’s name or signature used in an electronic document. This can include the

New window safety requirements for owners corporations

2018-07-12T16:31:41+00:00 May 23rd, 2018|Commercial & Corporate Advisory|

Owners corporations now face a new window safety regime as a result of the introduction of the Strata Schemes Management Regulation 2016, which seeks to increase child protection measures in relation to common property windows in strata property building complexes. Since 13 March 2018, owners corporations (more commonly known as body corporate) have been required

Safeguarding Australia’s assets: The Security of Critical Infrastructure Act

2018-07-31T13:47:34+00:00 May 23rd, 2018|Commercial & Corporate Advisory, News|

The Security of Critical Infrastructure Act 2018 brings with it a new regime of reporting obligations and ministerial powers, aimed at safeguarding Australia’s most relied upon infrastructure assets from the threat of sabotage, espionage and coercion posed by foreign involvement and ownership. The Act received assent in April this year. The two major developments of

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