Many businesses face a difficult dilemma of whether or not to pursue a debt. To pursue debts by a traditional civil proceeding (usually in the local or district court) can be a slow and expensive process.
An alternative approach is to make a so-called “statutory demand” under section 459E of the Corporations Act.
Almost every contract contains a GST clause. These clauses have an important function in a contract since they allow, among other things, a supplier to recover GST from its customer (remembering that it is the supplier who must remit GST on the transaction to the Australian Taxation Office). Despite their importance these clauses are often poorly drafted, and the parties – and in some cases even their lawyers – give little thought as to whether the wording of the clause appropriately protects the party’s GST position.
After a difficult post-GFC period for the construction industry that saw the collapse of numerous construction companies, the NSW government has responded to the recommendations of an inquiry into the industry with a series of key changes to to the New South Wales Building and Construction Industry Security of Payment Act (Act).
The Act has actually been a feature of the construction industry in NSW for the last 15 years, with similar legislation also existing in other states.
Many people don’t fully understand the impact of intellectual property law on their day-to-day business operations. A common misconception is that unless your business generates inventions or involves artists, musicians or filmmakers, intellectual property law isn’t a concern.
This is not correct.
A reluctance to adapt certain out-dated methods has barred many firms from tapping into a new generation of talented lawyers who crave a different employment model. The head of Source Legal explains in an interview with “The Australian Lawyer” which ideas have had their time. Go to article.
Read MoreSince March 12th 2014, businesses with a turnover of over $3million per annum can be financially penalised up to $1.7 million for breaches of new privacy regulations if they collect any personal information.
As part of the latest changes to the Privacy legislation, 13 new Australian Privacy Principles (APPs) have been introduced which will replace the National Privacy Principles and Information Privacy Principles that previously applied to private organisations and Government agencies.
Source Legal has partnered with conference organisers Clariden Global to run an innovative and comprehensive two day seminar on commercial contracts.
Stanislav Roth and George Paramananthan of Source Legal will provide insights into contract structuring, drafting and negotiation of contracts to managers and executives across a wide range of disciplines and industries. The topics will range from contract formation to dealing with stressful contract negotiation, techniques for controlling liability in contracts, and dispute resolution strategies, and much more.
The recent Supreme Court of Western Australia case Regional Power Corporation v Pacific Hydro Group Two Pty Ltd once again confirmed that the terms “consequential” or “indirect” loss lacked a reliable meaning.
Are your limitation of liability provisions in contracts clear?
A heads up on the new federal bullying laws commencing 1 January 2014 From 1 January 2014 it is going to be simpler and easier for employees to bring bullying claims against their employers. Changes to the Fair Work Act 2009 will give employees the ability to apply to the Fair Work Commission for orders to stop bullying from occurring where they reasonably believe they have been bullied at work.
Recent case confirms the paramount importance of the PPSA registration to protect personal property.
The Personal Property Securities Act 2009 (“the PPSA”) came into effect on 30 January 2012. As its name suggests, the PPSA governs the way in which securities over personal property are construed in the eyes of the law. The key change introduced by the PPSA is that it essentially removes the concept of ownership in private property and instead makes the registration on the PPS Register the main factor in deciding who is entitled to personal property in the event of competing interests.
