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In the recent case of Mitchell Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784, the Fair Work Commission (FWC) has provided clear guidance on serious misconduct, honesty in employment, and the application of the Small Business Fair Dismissal Code. This case serves as a strong reminder that e...
Lease disputes between commercial tenants and landlords can be complex, particularly when disagreements arise over the scope of leased premises, obligations under the lease, and termination rights. The case of Maroubra Pool Café Pty Ltd v Fedele [2017] NSWSC 1722 highlights these issues, with the Su...
Company directors owe strict legal duties when managing corporate funds, and breaches of these duties can lead to significant legal consequences. This was evident in the recent case of In the Matter of Macarthur Farm Pty Ltd [2025] NSWSC 40, where the Supreme Court of New South Wales examined allega...
As a small business owner, staying informed about legislative changes that affect your workforce is crucial. One significant update on the horizon pertains to casual employment and the pathways for casual employees to transition to permanent roles.
Firstly, the definition of casual employee (as per...
In the realm of business law, a corporate power of attorney (POA) is an invaluable legal instrument for corporations operating in New South Wales (NSW) and across Australia. It authorises a designated person or entity to act on behalf of the corporation in specific legal, financial, or operational m...
In the complex world of corporate governance, not all directors sit formally at the boardroom table. Some individuals may be exercising director-level influence without realizing they carry the same legal obligations as appointed directors. These are known as de facto directors, and understanding th...
Retail leasing in New South Wales underwent significant changes in January 2023, following amendments to the Retail Leases Act 1994 (NSW)Â . These changes, introduced through the Retail Leases Regulation 2022, aimed to modernise the retail leasing landscape and address gaps in tenant protections. For...
Iron Horse Machines Pty Ltd v Olmate Holdings Pty Ltd [2024] WASC 383
The dispute between Iron Horse Machines Pty Ltd and Olmate Holdings Pty Ltd arises from the breakdown of a long-standing business partnership between two long-time friends, Mr James Cross and the late Mr Darren Verwijmeren. The t...
AÂ family dispute concerning the ownership and control of Kennedy Watches & Jewellery Pty Ltd ("the Business"), a well-known distributor of luxury watches with franchise agreements with prestigious brands like Rolex, Patek Phillippe, and Omega, was dealt with in the Supreme Court of New South Wales i...
Employment disputes can often hinge on technicalities, with the line between lawful redundancy and unfair dismissal being particularly nuanced. In the case of Janus v Red Star Gold Coast Pty Ltd, a couple employed as motel managers found themselves out of work following a restructuring of the busine...
A partnership agreement will typically contain a provision specifying what happens if a partner wishes to exit the partnership - for example, in the case of retirement. The agreement will then typically also contain a provision specifying how the outgoing partner's share in the partnership is to be ...
An application for registration of a trade mark can be refused by Intellectual Property Australia (IP Australia) for various reasons – including the trade mark not being capable of distinguishing the applicant’s designated goods and/or services from the goods and/or services of other persons (sectio...
This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.
