Search Results for: mark fitzgerald

ACCC increases franchisor scrutiny

Under the Franchising Code of Conduct (FCC) a franchisor is obliged to update a disclosure document which has been issued previously to a franchisee within 4 months after the end of each financial year. Recent proceedings initiated by the ACCC suggest an increasing focus on and scrutiny of disclosure obligations in the protection of franchisees. Disclosure […]

Put it in writing: Tools to protect and enforce minority shareholder rights

A shareholders’ agreement is a private contract between the shareholders of a company under which they agree to regulate their rights as owners and shareholders of the business. It is distinct from the company’s constitution which is regulated by the Corporations Act. In the absence of a shareholders’ agreement, minority shareholders are at risk that, pursuant […]

‘Phillips arrangements’: It may be time to review your service company arrangements

Many professional practice owners including medical practitioners and pharmacists enter into an agreement with an associated entity to provide services to the practice, such as the provision of staff, administrative or clerical services, premises, plant or equipment in consideration for the payment of a services fee. Depending on its structure, these service arrangements may have […]

Choosing the right not-for-profit structure

The term ‘not-for-profit’ describes a range of organisations that are bound together by a purpose to achieve a public, social or community outcome, not for the profit or gain (either direct or indirect) of its individual members. Legal structure The term ‘not-for-profit’ does not indicate any specific type of legal structure and there are a […]

Choosing the right business structure

Whether you are entering into an existing professional health practice or other business, intending to set up a new structure or restructuring an existing practice or other business there are a range of legal structures that may apply in your circumstances. Different legal risks and liabilities associated with each business structure may apply: Sole Trader […]

Succession planning for your partnership

At Meridian Lawyers we are frequently asked to advise on succession planning for pharmacists, especially those in partnership (whether in the traditional sense or shareholders via a corporate pharmacy structure). Many partnerships continue over lengthy periods with little emphasis on exit arrangements in their formal partnership or shareholders agreement. In our experience, carefully considered exit […]

Succession planning for your partnership

At Meridian Lawyers we are frequently asked to advise on succession planning for business owners, especially those in partnerships (whether in the traditional sense or shareholders via a corporate structure). Many partnerships continue over lengthy periods with little emphasis on exit arrangements in their formal partnership or shareholders agreement. In our experience, carefully considered exit […]

Are you selling a child care business?

Whether you have negotiated the sale of your child care business yourself or through a business broker, you will need a solicitor with child care experience to prepare and negotiate the contract of sale, and manage the transaction through to completion on your behalf. The legal process can be broken down into six distinct stages […]

Aim for a pain-free goodbye

Meridian Lawyers assists pharmacists across Australia with the sale and purchase of their pharmacies. Whether you have negotiated a sale yourself or through a business broker, you will need a solicitor with pharmacy experience to prepare and negotiate the contract of sale, and manage the transaction through to completion on your behalf. Here is a […]

Meridian Lawyers assists with NAPSA’s constitution overhaul

Meridian Lawyers has assisted the National Pharmacy Students’ Association (NAPSA) in a major overhaul of its constitution and restructure of its corporate status. NAPSA aims to be the voice of Australian pharmacy students, representing the interests of 3,500 undergraduate and postgraduate students studying pharmacy at 18 universities across Australia. Prior to instructing Meridian, NAPSA took […]

ACCC given greater powers to enforce new Franchising Code of Conduct

Since 1998 the mandatory Franchising Code of Conduct has been the key instrument regulating the conduct of franchises in Australia, as prescribed under the Competition and Consumer Act 2010 (Cth). A new Franchising Code of Conduct was made public on 3 November 2014 (“new Code”). The implementation of the new Code will be the most […]

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