Since the ACCC identified consumer guarantees as an area of national policy priority in 2012, they have so far commenced enforcement actions against numerous businesses and have issued financial penalties up to a sum of $203,500 for breaches of the consumer guarantees. This is only the start of the ACCC’s campaign in this area. Is your business at risk or is your business compliant?

Changes to privacy laws in Australia will come into force from 12 March 2014. The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (the “Act”) amends the current Privacy Act 1988 and will aim to increase privacy protection by providing greater access to personal information to individuals and strengthening obligations on entities collecting personal information.

The new Competition and Consumer Act 2010 (CCA) came into effect on 1 January this year, replacing the Trade Practices Act.

It is crucial that ALL businesses are prepared for the impact of the new single national system for the registration of security interests in personal property. See our check list to determine to what extent your business will be affected.

New requirements for warranties against defects will come into effect from 1 January 2012.

The national Business Names Register will commence on 28 May 2012. How will it affect your business?

Under new national business names registration legislation, ASIC is now responsible for registering, renewing and administering business names for all Australian businesses. Find out how to access ASIC's new on-line service and what you can use it for ....

If you think your company’s Facebook or Twitter page is just a way for your followers, or those that “like” you to communicate, you’d be wrong! This article highlights the importance of monitoring all content that appears - even user comments.

The Principals of Coleman Greig are pleased to advise that effective 1 July 2012, the firm will acquire the Parramatta-based property and commercial practice of White & Halbert.

The team at Coleman Greig is proud to have been recognised as the Best Law Firm in Australia (revenue less than $50 million) in the 2013 BRW Client Choice Awards!

The Principals and staff of Coleman Greig Lawyers are excited to advise that the firm has been named a finalist in two categories of the BRW Client Choice Awards.

Don't get caught by the fine print. The Dad & Dave case highlights the importance of providing clear and early instructions to your lawyer regarding lease renewals.... whether you are a Landlord or a Tenant!

Clarity in pricing: Trade Practices Act amendments mean the price has to be right! Planning for the future: Protect your estate Identification of Mortgagors Family Court now deals with De Facto relationships Deposit Instalment Clauses in Contracts for Sale: Do they provide adequate protection?

Is your business compliant? One of the key focus areas for the ACCC this year is to ensure that businesses comply with the Australian Consumer Law.

Since the introduction of the National Consumer Credit Protection Act, we have found many businesses that rent out equipment or issue hire agreements to individuals are actually unaware of their obligations and lack compliance. Unfortunately, these businesses find out about their obligations when it’s too late!

Many creditors have experienced the difficulties involved in obtaining payment from debtors through the Court system. Surely it should be a simple matter of collection once the court makes a judgement for the debt owed to you? Maybe not.

A recent case heard by the Supreme Court of NSW confirmed the rights of parties involved in a dispute to challenge the authenticity of emails – particularly when the email/s in question are being relied upon to build a case by one side.

The Courts have recently looked at issues surrounding the enforceability of guarantees, and in particular, whether a signature is necessary or the guarantor intends to be bound in their personal capacity. The findings in regard to these issues could surprise you!

The ACCC has warned of a renewed focus on the franchise industry and an increase in the number of random audits they will be conducting. As a franchisor, what does this mean for your business?

All too often, the skills and values that created wealth in the first place don’t flow through to subsequent generations. So how can you help your children to become better stewards of the family legacy? Coleman Greig Principal Paul Lucas provides valuable insight....

IP Australia has increased a number of the official fees associated with trade mark applications and registrations

An innovative new practice announced by the Chief Justice of the Supreme Court aims to reduce costs and speed up the litigation process.

Following recent concerns of companies over mounting pressure to monitor their social media pages, the case of the Just Jeans Facebook hoax further stresses the need to keep a watchful eye on those accounts …

Only two cases have been reported in Australia since the law on unfair contract terms came into effect on 1 July 2010 as part of the Australian Consumer Law (“ACL”) in the Competition and Consumer Act (Cth) 2010. Each case provides further clarity on when a term in a consumer contract will be unfair. In summary, an unfair term in a consumer contract will be void and may potentially render the entire contract void. Have you reviewed your business’ consumer contracts to ensure that there are no terms that could in any way be deemed to be unfair?

As a franchisor it is one thing to ensure that the information you provide in your Disclosure Document is accurate; but it's another to ensure that what you and your staff say in an effort to attract prospective franchisees does not in any way induce a prospective franchisee to enter into a franchise agreement especially when there are no reasonable grounds for saying what is said.

Many businesses register their trademarks and then tick that task off the ‘to do’ list and forget about it. However, a recent Court decision illustrates the potential dangers of not using your registered marks enough, or using them incorrectly.

Buying or selling a business is a major decision (for both parties). Regardless of whether you are the vendor or the purchaser of a business there are a number of considerations that you have to take into account to ensure a successful outcome.

As a landlord, there are a number of issues you need to consider. Firstly, and most importantly, you need to ensure that the lease documentation meets your needs. You must also understand how the lease is to operate and what your rights are.

Sometimes a person engaged as a contractor may in law be an employee. The line that divides employees from contractors is grey and shifting. Application of awards and unfair dismissal laws, pay and leave entitlements, and tax and insurance issues all depend on which status applies.

It is important to get the employment relationship right from the outset by clearly communicating to new employees the requirements of their job and the culture, practices and policies affecting the workplace.

It is becoming increasingly common for intellectual property to be one of the most valuable assets of a business. Indeed, in many cases it is the most valuable asset of a business. It follows that the steps a business takes to protect its intellectual property can have a significant bearing on its goodwill and its ability to fully exploit the intellectual property.

An award is a standard of minimum industrial terms and conditions applying to specific groups of employees. Whether your employees are covered by an award depends on whether they fit into the occupations covered by an award.

The PPSA commenced on 30 January 2012, bringing with it significant changes to the area of security interests taken in personal property (generally, non-land assets).

Establishing a business is a challenging process. When two or more parties come together with a shared vision, it is common to focus on setting up the business in a logistical sense first and then selling and marketing the product or service.

Termination of employment is a serious step to take because of the cost of business disruption and the potential cost of an unfair dismissal claim or other litigation. Managing employment termination involves understanding and managing the risks. What are the legal risks from termination of employment?

Being appointed as a Director of a company is very important. Not only does it increase your personal day-to-day responsibilities, it also increases the responsibility and accountability you have to the company and its shareholders.

The Personal Property Securities Act (PPSA) and the Register (PPSR) it established, kicked off on 30 January 2012. Under the PPSA, data held on certain registers that had previously recorded security interests in personal property- such as the ASIC register of charges - had to be “migrated” across to the new, national PPS Register.

The Personal Property Securities Act 2009 (Cth) (PPSA) has been in force now for just over one year. Has case law helped us in understanding the practical effects of PPSA? While Australian case law is sparse, we are able to extract some pointers.

Don’t risk monetary penalties - recent cases have highlighted the importance of compliance with relevant Privacy Legislation within your business and ensuring your staff members are aware of their obligations.

From 15 April 2013, important changes to the Australian Trade Marks Opposition procedures will come into effect as a result of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.

From 1 July 2011 Repair Notices must be provided to consumers prior to accepting goods to repair.

Sometimes, Coleman Greig clients who have been served with a Subpoena, but have no direct involvement in the proceedings, call and question their rights and obligations under the legal system. Do you understand your obligations?

Part 5 - The issue of succession planning for family businesses is critical. In fact, research shows that more than 65% of family businesses fail in the hands of the second generation, and another 20% fail when the business passes to the third generation.

Part 2 - The first generation owners of businesses started in business for a variety of different reasons and from a variety of differing circumstances. It is not possible to generalise about the first generation family business owner. There are however, some characteristics that we can regard as typical for these businesses.

Part 4 - Choosing a successor for your business doesn’t always mean choosing someone like you or even someone you like. It entails choosing someone who is not only ready for the job but also has the respect of key team members and other stakeholders and be able to guide the company into a planned future.

part 3 - The first generation family business owner sets the example for others to follow. We all have different capabilities and characteristics of behaviour. Those capabilities result from our genes, the manner in which we have been brought up, our schooling, the people with whom we associate.

Part 6 - Parents sometimes have the idea that they would like one of their children to take over the management of the family business from them.

Part 1 - Succession in family business needs consideration of every part of the business and proper planning for the transition of each component of the business that contributed to its success. The first consideration is: Business Leadership.

The introduction on 1 February 2012 of a new category of written contracts for ‘small jobs’ worth between $1001 and $5000 will assist in providing administrative relief to many small businesses undertaking residential building work .

The new Practice Note applying to the Equity Division of the Supreme Court now prevents parties “fishing in an enormous pool of documents to see if some minnow, or, for that matter, pike, may be attracted

The Personal Property Securities Act 2009 (PPSA) is now confirmed to commence on 30 January 2012. Set out below is some clarification of some of the more confusing issues raised with us in recent months

If you haven’t heard of SOPA by now, listen up. The United States has plans to introduce a new Act called SOPA (Stop Online Piracy Act) in an attempt to combat the infringement of copyrighted material that could have serious implications worldwide.

At Coleman Greig we regularly receive enquiries and questions regarding trade marks. Unfortunately there appears to be a number of common misconceptions out there regarding trade marks and now might be a good time to address them!

The unfair contract terms came into effect on 1 July 2010 as part of the ACL in the Competition and Consumer Act (Cth) 2010.

From 1 January 2011 a new system of "consumer guarantees" (including acceptable quality, and fitness for a disclosed purpose), with standard conditions applying nation-wide came into force.