Articles
We aim to provide you with proactive and strategic legal and practical advice. Our articles provide a range of interesting and helpful insights on a vast array of topics.
Recent articles
Wills are all the same, right? You just put your name at the top and sign at the bottom
As more complex family situations arise, it is increasingly important to properly draft your Will and to follow careful estate planning process. Our Wills & Estates team summarise the advantages of having a properly drafted Will in place to ensure your estate is distributed in the manner you intended.
What is this PPSR I keep hearing about?
All businesses in Australia are now effected by the PPSR, whether by way of security interests being registered against them; or when they are registering security interests in their favour against customers. Mitchell Zadow, Accredited Specialist (Commercial Law) explains how this register can effect you.
Fair process? Avoiding an Unfair Dismissal claim
Sometimes a good reason is not enough. A claim for Unfair Dismissal can arise where the process of dismissing an employee is deficient. When it is time to send a poor performer packing, be mindful of the guidelines in the Fair Work Act 2009.
Avoid the viral spiral: Disgruntled employees and social media
How can you deal with a disgruntled employee who decides to go online and (often anonymously) post less than flattering comments about you and/or your business? We list some basic risk management strategies that you can engage in this area.
What is a Trade Mark and how can I protect it?
A Trade Mark is a unique logo or name or image which distinguishes certain goods and services from those of another person. There is a formal registration requirement and your registration of trade mark in Australia. It is important to consider registration in other jurisdictions if you are involved in business overseas. Managing Partner Mitchell Zadow explains.
Personal Property Securities Act
A security interest is something that secures the payment or performance of an obligation. The Personal Property Securities Act applies to tangible property such as plant and equipment, goods and materials, as well as to intangible property, such as intellectual property rights, contractual rights and book debts.
I don't want my former employees to steal my customers. What can I do?
It is common for employment contracts to include a 'restraint clause' which says that an employee who leaves will not work in the local area for a certain period of time. But what happens if a former employee ignores this?
How can I protect the computer software I create as part of my business?
Copyright protection and patent protection can protect your rights of ownership of computer software.
Buying an existing business
Before agreeing to purchase the business, or even making an offer, it is prudent to make some enquiries about the business and the entity selling it. Mitchell Zadow, Accredited Specialist (Commercial Law) explains.
Overholding: New lease or old?
If a retail premises lease contains an overholding clause, its effect will depend on the conduct of both the Landlord and the Tenant once the original lease expires. However, where a Tenant exercises an option to renew, the circumstances will be different.
You've been served! (Or have you?)
What happens when both the Landlord and the Tenant are late in complying with their obligations for exercising an option for a further term? Accredited Property Law Specialist Andre Ong looks at the case of Xiao v Perpetual Trustee Company Limited [2008] VSC 412.
What should I look for when considering a new Retail Lease?
We list the key things to consider when looking at a new lease for retail premises, including your own legal obligations.