Insights Categories: Corporate & Commercial

Jan 21, 2019

INSIGHT: Made a mistake? Tell the client asap or risk a finding of deceit

The decision of O’Callaghan J in the Federal Court at Victoria in Neville’s Bus Service Pty Limited v Pitcher Partners Consulting Pty Limited & Ors [2018] FCA 2098 sends a salutary warning to professionals to act honestly and appropriately as soon as they discover that they, or colleagues whom they supervise, may have made a […]

Dec 6, 2018

INSIGHT: A Game Changer for Mutuals – New Law Expands Capacity to Raise Capital

Mutual Entities Bill 2018: Tranche 2 On 26 November 2018, the Commonwealth Government released for public consultation an exposure draft of the Treasury Laws Amendment (Mutual Entities) Bill 2018: Tranche 2 (the Bill) which introduces a new bespoke capital instrument in the Corporations Act 2001 for all eligible mutual entities. Under the Bill, a mutual […]

Oct 9, 2018

INSIGHT: Financial Services Royal Commission – The Interim Report – Emerging Regulatory Themes

The Interim Report of the Financial Services Royal Commission was tabled in Parliament on 28 September 2018. There has been much speculation about the potential nature of the findings and recommendations arising from the public hearings. The evidence of misconduct in the banking, superannuation and financial services industry, in some sectors and in specific instances, […]

Aug 28, 2018

INSIGHT: Child Care Subsidy Law– An introduction to the new Minister’s Rules and Secretary’s Rules 2017

2 July 2018 saw a huge change in the practical and legal governance of child care benefits across Australia with the introduction of the new Child Care Subsidy (CCS) and removal of Child Care Benefit and Child Care Rebate. CCS continues to be regulated by the A New Tax System (Family Assistance) Act 1999 and […]

May 14, 2018

INSIGHT: What to consider when you buy a Fitness Franchise

Franchise systems are prevalent in the Fitness Industry. Buying a franchise has a number of advantages, such as the association with an established and reputable brand or service, assistance with setting up elements of the franchise, initial management training and ongoing support via established policies and procedures, and access to existing business systems. These advantages […]

May 14, 2018

INSIGHT: Fair Go! Are your standard contracts unfair?

The Federal Court in ACCC v JJ Richards & Sons has provided guidance on what may constitute an unfair contract term in a small business contract. As of 12 November 2016, statutory protections in the Australian Consumer Law (ACL) against unfair contract terms in standard form consumer contracts was expanded to include small business contracts […]

May 14, 2018

INSIGHT: Assigning your Commercial or Retail Lease

Premises are one of the most expensive outlays of any business, however do you understand your lease? As the tenant, dealing with any landlord is often a David vs Goliath affair, especially in a major business transaction such as selling your business and assigning your lease.  A very costly but common scenario is one where […]

May 14, 2018

INSIGHT: Charities Unclear and Uncertain about Disclosure of Political Donations and Expenditure

Important changes to funding and disclosure laws which apply to charities are on the horizon under proposed changes to Commonwealth Electoral Act 1918 (‘Electoral Act’). Non-party Political Actors Under the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017 (‘the Bill’) which was introduced into Commonwealth Parliament late last year, a new regulatory regime […]

May 14, 2018

INSIGHT: Are you prepared for the mandatory data breach notification regime?

From 22 February 2018, mandatory data breach notification will apply to any individual or organisation regulated by the Privacy Act 1988 (Cth). This will affect any businesses with an Australian link and a continued presence in Australia. Under the new law, if a business is the subject of an ‘eligible data breach’ then if a […]

May 2, 2018

INSIGHT: Recent trends in buying and selling pharmacies

Meridian Lawyers acts for pharmacists in the sale and purchase of their pharmacy businesses.  Issues which arise in these transactions commonly include: the negotiation of the contract for sale of the business in order that the written contract reflects the wishes of the parties the obtaining of necessary approvals and consents (such as Pharmacy Council […]

May 2, 2018

INSIGHT: Pharmacy Franchise Law – tips for franchisees

Many pharmacy business owners are interested in becoming franchisees in order for them to trade with the benefit of national brand recognition, marketing power and tried and tested operating systems. However, it is crucial that pharmacists understand the content, substance and implications of the franchise documentation before they sign or make any non-refundable payment to […]

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