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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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...

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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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...

We have all heard of the saying – “be proactive, rather than reactive” – but what does that actually mean, particularly when you are talking in the context of a business? It means taking steps sooner rather than later to avoid issues arising, rather than only taking steps once the issue has arisen –...

The Australian Competition & Consumer Commission (ACCC) commenced proceedings against Chrisco Hampers Australia Ltd (Chrisco) in the Federal Court almost 12 months ago, alleging that the lay-by agreement for its Christmas hampers was unfair.

The Federal Court has just handed down its decision – and...

Have you ever entered into a business contract which you think is unfair? Was it a standard form contract which offered plenty of protection for one party but not the other? Smaller businesses now have protection from unfair contracts under laws which were introduced on 12 November 2015.

• between January and October 2015, Phoenix Institute of Au...

A voluntary code of conduct for the food and grocery industry has been introduced under the Competition and Consumer Act 2010. The Code governs certain conduct by grocery retailers and wholesalers in their dealings with suppliers.

Only those retailers and wholesalers that have elected to be bound b...

The NSW Minister for Fair Trading is expected to today announce a new trust fund scheme designed to prevent insolvent builders from keeping money that is owed to subcontractors after the job is completed.

The new retention trust scheme is the first of its kind in Australia, and was developed in res...