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Unfair Terms and Franchise Agreements
- 22 Jul 2020
Krishneel Nath
In this article, Senior Associate Krishneel Nath explains when the unfair term provisions under the Australian Consumer Law (“ACL”) may apply to franchise agreements. He also outlines what is considered as an 'unfair term'.
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Tracking Company Directors for Life – the introduction of Director Identification Numbers
- 20 Jul 2020
Rebecca Hegarty
In this article Principal Lawyer Rebecca Hegarty explains the Director Identification Number regime which will be implemented in the first half of 2021.
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Stephen Booth and Peter Stewart: Retiring with a legacy
- 29 Jun 2020
Warrick McLean
It’s the end of an era as the team at Coleman Greig wishes long-serving Principal Lawyers Stephen Booth and Peter Stewart a very happy and healthy retirement from 30 June 2020.
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Key Rules for Creating Trusts that Work when Needed
- 25 Mar 2020
Dung Lam
Family or discretionary trusts are good for tax planning and asset preservation, but there is so much more to them. In this article, Tax Team Leader Dung Lam outlines the key rules you need to know to ensure that your trust will function in the way that you want it to.
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Why a Coleman Greig Lawyers Child Maintenance Trust?
- 25 Mar 2020
Dung Lam
Coleman Greig can work with you to establish a Child Maintenance Trust that offers tax benefits to both the parent making maintenance payments and the family receiving maintenance payments. In this article, Tax Team Leader Dung Lam outlines what you need to consider when establishing a Child Maintenance Trust.
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Delivery of Client Service
- 19 Mar 2020
Warrick McLean
As the situation with COVID-19 continues to evolve, we want to reassure you that the firm is fully resourced to support and service our clients.
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Be Informed: 10 terms a franchisee should look for in their franchise agreement
- 10 Mar 2020
Catherine Sedgley
When purchasing a franchise, franchisees should take the time to read through the franchise agreement and the franchisor’s disclosure document. In this article, Senior Associate Catherine Sedgley outlines the 10 terms a franchisee should look for in their franchise agreement.
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Corporate Insolvency: Setting aside or terminating a winding up order
- 2 Mar 2020
Maria Yum
Associate Maria Yum addresses how a winding up order can be brought to an end by the Court – either via a court application to have the winding up order set aside or a court application to have the winding up order stayed or terminated.
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Coleman Greig Lawyers & Argyle Lawyers Integration – 2 December 2019
- 2 Dec 2019
Warrick McLean
Coleman Greig Lawyers is delighted to announce an integration with specialist law firm Argyle Lawyers, effective 2 December 2019. The integrated Coleman Greig will now offer expertise in Federal, State and International tax advice, negotiation and risk management, as well as superannuation and trusts.
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Payroll Tax Grouping Provisions
- 26 Nov 2019
Krishneel Nath, Harkiran Kaur
Grouping provisions under the Payroll Taxation Act are often misunderstood. In this article, Senior Associate Krishneel Nath and Lawyer Harkiran Kaur explain Payroll Tax Grouping Provisions in simple terms.
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Purchasing OFF-THE-PLAN Apartments - the right way
- 26 Nov 2019
Dean Claughton, Barbara Shafton
If you or a client is thinking about purchasing an off-the-plan apartment, you need to read this article written by Senior Associate Dean Claughton and Licensed Conveyancer Barbara Shafton, on how to best handle the common difficulties that often arise when purchasing off-the-plan.
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Can Litigation be used as a Business Investment to Resolve Disputes?
- 11 Nov 2019
Caroline Hutchinson
Sometimes you should fight for what is right. In this article, Principal/Director Caroline Hutchinson explains how and when litigation can viewed as a business investment, which can have a number of positives outcomes that you may not have previously considered.
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Incorporating Contract Terms – one way to make Max Mad
- 11 Nov 2019
Rebecca Hegarty
When entering into any type of contract, the last thing that either party wants is a ‘contractual surprise’. Principal Lawyer Rebecca Hegarty, discusses the case of Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd.
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Is Greed ever Good? Unpacking Parts of the Banking Royal Commission
- 11 Nov 2019
Michael Adams
Professor Michael Adams, Head of UNE Law School unpacks the details of the Banking Royal Commission.
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Franchise Agreement and Disclosure Update 2019-20
- 11 Oct 2019
Catherine Sedgley
Franchisors cannot recruit franchisees without an updated Disclosure Document, so it’s important that franchisors are aware of this update.
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The Three Pillars of Good Corporate Governance
- 1 Oct 2019
Michael Adams
Professor Michael A Adams has developed a theory called The Three Pillars of Good Corporate Governance that focuses on three key areas: Corporate Governance, Due Diligence and Compliance Programs.
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A Plain English Guide for Directors on Insolvency and Safe Harbour
- 26 Sep 2019
Allowing a company to trade while insolvent could have serious ramifications for individual directors. If a director is found to have knowingly allowed a company to trade while in financial difficulty, he/she could be held personally liable for the debts incurred to liquidators or creditors - and could even be found guilty of criminal action.
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Is it a Bird…Is it a Plane…No, it’s the ACCC – Protecting Consumers from False and Misleading Claims in Advertising
- 13 Aug 2019
Catherine Sedgley
In the last 12 months, the ACCC has initiated proceedings against a number of well-known Australian and international businesses in relation to claims made in advertisements and the promotion of the goods and services offered by these companies. This article examines the decisions of some of these cases as well as some actions that have recently been initiated by the ACCC.
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New Penalties Recommended for Privacy Infringements
- 13 Aug 2019
Rebecca Hegarty
The ACCC recently released its Digital Platforms Inquiry which, although focused on the impact of digital platforms (Google and Facebook) on competition in the media and advertising markets, also touched upon privacy-related issues. Amongst the recommendations, they included the strengthening of protections in the Privacy Act and the privacy law regime in general.
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Responsibilities of the Newly Established Franchising Taskforce
- 29 Jul 2019
Catherine Sedgley
The Morrison Government has formed an inter-agency "franchising taskforce" in response to recommendations made by the Parliamentary Joint Committee on Corporations and Financial Services in its report into the franchising sector.
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CBD-Style Legal Services Now on the Doorstep for Campbelltown-Macarthur Residents
- 23 Jul 2019
Warrick McLean
Residents and businesses within the Campbelltown-Macarthur region now have access to a wider range of commercial and personal legal services, expertise and support following Coleman Greig Lawyers' opening of offices in the centrally-located Oran Park Podium.
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Getting your Business Ready for Sale
- 14 May 2019
Rebecca Hegarty, Peter Stewart
A business owner might look towards selling their business for a variety of reasons. The choice might be triggered by an expression of interest, or simply a decision based on the ripeness of the market. Sometimes, the sale is forced on a business owner due to circumstances outside their control or having come out of a dispute between business partners. To get the most value for your business, it is important to conduct due diligence in order to ensure that it is ready for sale. This article outlines Coleman Greig's top 5 tips for getting your business 'sale ready'.
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PPSA: Correcting Errors and Extending Time
- 15 Mar 2019
Rebecca Hegarty
Since the Personal Property Securities Act 2009, creditors have looked to perfect their security interests by registering them on the PPSR. Here’s what you should consider when it comes to PPSA registrations.
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Is Your PPSR Registration About to Expire?
- 31 Jan 2019
Rebecca Hegarty
With the Personal Property Securities Register (PPSR) having officially turned 7 years old as of 30 January 2019, Coleman Greig would like to remind our commercial clients that as of and from 30 January 2019, all 7 year PPSR registrations have started to expire.
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Franchising vs Licensing: Making the Right Choice for Your Business
- 12 Dec 2018
Catherine Sedgley
With the current climate, the terms ‘franchising’ and ‘franchise’ can often leave a bad taste in one’s mouth. As such, business owners looking to either expand or leverage a successful business in order to achieve further growth will often explore alternative models, such as licensing. While ‘franchising’ and ‘licensing’ may mistakenly be used interchangeably, they are two distinctly different concepts.
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Update on the Parliamentary Inquiry into Franchising
- 12 Dec 2018
Catherine Sedgley
It is difficult to ignore the immense amount of press surrounding the recent parliamentary enquiry into the franchising sector and the effectiveness of the Franchising Code of Conduct. The Senate Committee, chaired by Michael Sukkar, has set themselves the task of discovering whether amendments to the Code would result in a more cohesive sector and provide greater support to franchisees.
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A few months on: What has the Notifiable Data Breach Scheme taught us?
- 19 Nov 2018
James Ferguson
With the Notifiable Data Breach Scheme having now been in operation for close to 9 months, Coleman Greig has decided to take a detailed look at what the current statistics are saying, as well as what organisations are able to glean from them in order to effectively protect both themselves and their clients from cyber-attacks.
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Lessons learnt, so far, from the Hayne Royal Commission
- 19 Nov 2018
Michael Adams
There has been a lot of recent publicity surrounding Kenneth Hayne's Royal Commission into the Misconduct of Banking, Superannuation and Financial Services Industry. Although the Commission commenced on 14th December 2017, and is meant to be completed by February 2019, the publishing of the 'Interim Report' on 28 September 2018 delivered a lot of food for thought for both accountants and financial planners.
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How will the “Whistleblower Bill” affect Australian companies?
- 9 Nov 2018
If the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 is passed by the parliament, new legislation will see major amendments to the Corporations Act 2001, creating an expanded regime under which both public and large private corporations will be required to implement internal whistleblower policies.
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2018-19 Franchise Agreement and Franchise Disclosure Document Update - Don't Delay, time is running out!
- 9 Oct 2018
Catherine Sedgley
Under the Franchising Code of Conduct, a Franchisor is required to update their Disclosure Document annually, within 4 months following the end of the financial year. If your financial year ends 30 June, the Disclosure Document for your franchise network needs to be updated on or before 31 October 2018.
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Introducing the ASIC Supervisory Cost Recovery Levy Act 2017
- 23 Aug 2018
Peter Stewart
The Australian Securities and Investments Commission (ASIC) has recently put in place a new industry funding regime based on the 'user pays' principle. The ASIC Supervisory Cost Recovery Levy Act 2017 aims to fund ASIC's operation through charging entities that both require and benefit from the commission's regulation.
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Ipso Facto Clauses – There's change on the way
- 22 May 2018
Rebecca Hegarty
An important change in law arising from the raft of recent Insolvency reforms concerns enforcement of 'ipso facto' clauses in contracts. As the change will impact on how you contract and do business with your customers, it is important to both understand the change and put measures in place to deal with it.
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The Unfair Preference Claim and the Third Party Payer
- 7 Dec 2017
Rebecca Hegarty
How often are you, as an unsecured creditor, on the receiving end of an Unfair Preference Claim? It is prudent to look at whether you received the payments from the Company and whether they were a party to the transaction.
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Our top 5 Christmas debt collection tips
- 22 Nov 2017
Rebecca Hegarty
As we enter the Yuletide season, avoid the strain that it brings by seeking to recover unpaid debts early.
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Are you doing your due diligence when buying your business?
- 21 Nov 2017
Peter Stewart
Buying a business, whether it be a franchise or not, is a huge investment for most people. Due diligence will reveal important information about whether the business is the right investment for you.
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Indemnity clauses: a cautionary tale for businesses
- 14 Nov 2017
Mario Rashid-Ring
The recent NSW Court of Appeal Decision, CSR Limited v Adecco (Australia) Pty Ltd, illustrates the risks of an ambiguously drafted indemnity clause, as well as the circumstances in which a Court may determine if an indemnity clause continues to operate after the formal expiration of a fixed term contract.
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Intellectual Property Licence Agreement Dispute between Kraft and Bega
- 14 Nov 2017
An interesting development out of the United States, involving a dispute between Kraft-Heinz and Bega Cheese Limited which is now before the New York Federal Court is highlighting the importance of properly drafted Intellectual Property Licence Agreements.
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Bondi Wash brand at sea with international trade mark dispute
- 8 Sep 2017
A recent development, involving the iconic Bondi Beach, has reinforced the importance of protecting your trade mark globally if your business is looking to expand into global markets.
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Industry recognition for expertise and impact
- 6 Sep 2017
Warrick McLean
Coleman Greig is thrilled with the recent recognition of two of its Principals, Malcolm Gittoes-Caesar and Caroline Hutchinson, in industry awards.
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GST and the supply of a going concern
- 8 Aug 2017
Peter Stewart
It’s 17 years since the introduction of the Goods and Services Tax (GST), but the 'going concern' exemption still causes some confusion amongst parties in a sale of a business transaction.
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Key Changes to the Retail Leases Act – 1 July 2017
- 8 Aug 2017
Dean Claughton
On 1 July 2017, several key changes were made to the Retail Leases Act in New South Wales that effect both landlords and tenants around the state. These changes have been in draft form for a substantial amount of time, and so it was no surprise when the legislation came into effect.
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The Courts shaping Security of Payments
- 16 Mar 2017
Nick Kallipolitis
Is a reference date a precondition to the making of a valid payment claim? The recent High Court decisions for Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52 sheds some light.
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A new frontier for Security of Payments
- 12 Sep 2016
Nick Kallipolitis
The Supreme Court of NSW recently expanded the ability of a respondent to challenge an adjudication determination, in the decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd.
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We’re in dispute – How do we fix this?
- 9 Aug 2016
Caroline Hutchinson
We are often asked to steer clients through their disputes. However, they do not always want to take the most aggressive option –usually litigation. Depending on the nature and circumstances of the particular conflict our clients are facing, we often recommend and adopt alternative dispute resolution (ADR) methods.
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Plain English Guide to Buying and Selling a Business
- 1 Jul 2015
Buying or selling a business is a major decision (for both parties). Regardless of whether you are the seller or the buyer of a business there are a number of considerations that you should take account of to ensure a successful outcome.
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Plain English Guide to Intellectual Property
- 1 Jul 2015
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.
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Plain English Guide to Personal Property Securities Act - PPSA and PPSR
- 1 Jul 2015
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).
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Plain English Guide to Shareholders and Partnership Agreements
- 1 Jul 2015
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.
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Plain English Guide to The Responsibilities of a Director
- 1 Jul 2015
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.
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Beware! Recent Developments to Security of Payment Act NSW Claims
- 18 Jun 2015
Nick Kallipolitis
There are a couple of important lessons to learn from the recent case of Patrick Stevedores Operations No.2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2014], where the Supreme Court explored two very important features of the Security of Payments Act (SOPA) legislation in NSW.
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Coleman Greig named finalist in 2015 Australasian Law Awards
- 23 Mar 2015
Peter Stewart
Coleman Greig has been named a finalist in the 2015 Australasian Law Awards in the category of 'Australian Boutique Firm of the Year'.
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New Social Media Guidelines Released by Interactive Advertising Bureau Australia (“IAB”) – Should businesses adopt them or proceed with caution?
- 26 Aug 2013
On 29 April 2013, the IAB (the peak industry body for online advertising in Australia) released Social Advertising Best Practice Guidelines (“Guidelines”) for paid social advertising.
These Guidelines comprise of:
paid media – where a financial investment is made to place a marketing message. An example would include a sponsored blog post;
owned media – which is owned and controlled by a brand such as social media business pages and mobile apps; and
earned media – which is driven by consumers sharing conversations and engagement on social networks and blogs.
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Security of Payment: New Arsenal for those seeking Payment
- 4 Jul 2011
Rebecca Hegarty
Are you a contractor in the building and construction industry, or one offering related goods and services in NSW? If you are, then read how the recent amendments to the Building and Construction Industry Security of Payment Act 1999 NSW (the “Act”) may affect you!