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What to do if the franchisor isn't fulfilling their end of the bargain accc business franchises franchisor obligations Nov 01, 2016

There are certainly a lot of advantages when buying into a franchise model; namely, that you are buying into an established brand/reputation/product/service with proven established systems and support from the franchisor.  Generally, it is considered to be less risky than establishing your own busin...

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What happens to employees when a business is sold business business sale employee rights employment law Sep 01, 2016

It is commonly thought that when a business is sold, particularly if it is described as being sold as a "going concern", the employees will continue to work in the business, although under a new owner.

This is not necessarily the case.

When there is a transfer in ownership of the business:

  • the
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Case update - adult children challenging a parent's estate contested will estate planning estates family provision wills Aug 15, 2016

It is an unfortunate fact of life that family relationships break down - and as a result, the aggrieved family member may alter their Will to remove the other family member as a beneficiary, or only leave them with a nominal gift - even if it is their child.  Whilst it is every person's right to pre...

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What is a Deed of Novation? business business agreements contract law deed of novation property Jul 05, 2016

Consider this – you have entered into a contract to purchase a property, but for various reasons, the property no longer suits you.  But it will suit your parents perfectly.  So can you transfer the contract over to your parents, so that your parents are the purchasers?

Also consider this – your bu...

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What is the problem with unapproved building works? property purchasing property unapproved works Jun 22, 2016

A few years ago, Shire Legal acted for a client purchasing a property at Kurnell.   There was nothing particularly unusual about the transaction – it was a standard family home being sold from one family to another.

However initial enquiries carried out by Shire Legal suggested that the recent reno...

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8 common mistakes to avoid when drafting your Will estate planning estates intestacy succession act wills Jun 09, 2016

When preparing a Will, it is crucial that it is prepared in accordancewith the relevant laws – in New South Wales, that law is the Succession Act 2006.  Otherwise, your Will is at risk of being an invalid document, or even capable of a number of different interpretations if not worded correctly, and...

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Are you buying a property with friends or family members? What you need to know about co-ownership. co-ownership conveyancing property purchasing property May 23, 2016

Rising house prices across Sydney have made it difficult for people trying to enter the property market. In response to this we are seeing more and more people buying property with friends or family members rather than trying to go it alone.

This can be a great solution because sharing the costs of...

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Appointing a compulsory strata manager property strata strata scheme strata schemes management act (nsw) Apr 25, 2016

Section 162 of the Strata Schemes Management Act 1996 (NSW) provides that a Fair Trading Strata Schemes Adjudicator can order for the compulsory appointment of a strata managing agent to exercise all of the functions of an owners corporation, or only specified functions, as well as the functions of ...

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Love thy neighbour – especially if you’re renovating! Using easements to your advantage. easements neighbours property renovation Apr 20, 2016

There are a number of reasons why it’s a good thing to know your neighbours and be on good terms … but one situation that may not come immediately to mind is when you want to renovate or develop your property.  Having a good relationship with your neighbour can be the difference between a quick, has...

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Smaller businesses are not immune from the ACCC accc australian consumer law business false or misleading representations misleading and deceptive conduct Apr 18, 2016

So, as a smaller business, do you think you are immune from the wrath of the ACCC?  Think again.

 In recent months, the ACCC has been successful with the following enforcement action:

  • Omniblend Pty Ltd – an online retailer of kitchen applicances – found guilty of resale price maintenance in the
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Waltzing Matilda - a trademark? business intellectual property ip australia trade marks Apr 06, 2016

The media last year picked up on the fact that a Victorian company had applied to IP Australia for a trademark over the phrase “Waltzing Matilda” for goods and services relating to online material, videos, CDs etc.  It was reported that as a result, the town of Winton, which claims it was the birthp...

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Developers pulling out of off-the-plan contracts conveyancing conveyancing act off-the-plan property purchasing property sunset clause Mar 10, 2016

As some people may be aware the government passed new legislation, the Conveyancing Amendment (Sunset Clauses) Act 2015 (NSW), at the end of last year with the sole purpose of amending the Conveyancing Act 1919 (NSW) to prevent a developer from unreasonably rescinding an off-the-plan contract for a ...

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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.