If you intend to provide monies to relatives, friends or related parties – such that the loan is not an arms’ length transaction, it is important to consider what ramifications that may have on your estate or may cause if you later seek to have that loan repaid.

There is a risk when you are lending...

As an employer, it is important that when you hire new employees, and as their employment changes, you set out clearly – and in writing – your expectations of them, and their responsibilities. Not only will this assist in managing expectations, but it may be important to clarify each party’s obligat...

In order to make a claim for unfair dismissal, one of the pre-conditions to be satisfied is that the employee must have served the statutory minimum employment period – for those engaged by a “small business employer”, the minimum period is 12 months.  For others, it is 6 months.

A small business e...

Something we get asked all the time is, “what do I have to do now that I’m executor?”.  Whilst people generally realise they need to attend to estate tasks like arranging funerals, applying for probate and generally administering the Estate of the deceased, they do not always realise all that goes i...

A Heads of Agreement (also known as a Memorandum of Understanding (MOU) or Letter of Intent (LOI)) is a document outlining the proposed agreement between the parties to it. There are a number of commercial situations where a Heads of Agreement will be commonly prepared between the parties – for exam...

New laws are expected to come into force on 1 December 2019 when the Conveyancing Legislation (Amendment) Act 2018 and Conveyancing (Sale of Land) Amendment Regulation 2019 commence.

These impose further disclosure requirements on vendors selling off the plan properties and provide new remedies and...

As of June 2019 the Australian Consumer Law (‘ACL’) has additional requirements for those businesses who provide a Warranty Against Defects for services (‘WAD’) in the provision of either:

• Services; or
• Goods with services.

What is a WAD?

This is a representation to consumers that if the good...

Can a bikini-style name infringe a trademark? This is an issue which the Federal Court of Australia addressed in a 2019 decision involving Pinnacle Runway.

The parties

• Pinnacle Runway Pty Ltd (“Pinnacle”) designs, manufactures, supplies and sells women’s clothing in Australia and overseas under
...

Choosing who you want to administer your Will once you have passed is an important decision. Whoever you choose will be responsible for managing your estate and all the assets and liabilities contained therein. The role of executor is that of a fiduciary (i.e. a position of trust), which means there...

Just because you’ve always done it doesn’t mean you’re actually allowed to.

When talking property, you would think that ownership and the right to access land would be clear cut, but quite often that’s not the case.

Who owns the laneway that cuts between your house and the neighbour’s house?

What...

The Supreme Court has struck out a claim made by Ms Annika Karlsson in which she alleged that Griffith University had breached her trademark registration of the slogan “Know more. Do more.” The Court’s decision can be read here.

Registering the trademark – by both businesses

Griffith University fi...