Barristers Solicitors Mediators

Located in O'Connor, Perth

Phone

+618 9331 5722

  •   It is a good idea to understand some fundamentals of the way a contract works, even if you engage a lawyer to draft or review the document. 1.  Correct Parties The contract should record the correct entities which are engaging in the contract.  A business name is not sufficient – use the name of the entity which owns the business name.  If someone is signing the contract on behalf a company or trust, then that should be recorded in the contract. 2.  Purpose of the Contract It is important to record the reason why the contract is being made and what each party expects to achieve from the contract.  […]

  • Recent events show that businesses need to tread very carefully when using online reviews and testimonials. Menulog “Cash for No Comment” Menulog recently came under fire for offering customers cash vouchers and free meals in exchange for removing negative reviews of restaurants from its website. Menulog is a popular website offering online ordering of food from over 3,500 restaurants across Australia (and some 191 restaurants in Perth, WA) and the ability to rate restaurants and search for the highest rated. The Sydney Morning Herald reported that a number of customers had been contacted by Menulog, or even the reviewed restaurants and offered incentives for removing negative reviews. ACCC prosecution of […]

  • The increasing use of electronic systems and cloud-based technology for communications and the transmission of information has significant implications which many businesses are yet to fully realise. Cloud Services Put simply, “the cloud” is simply another way of using the internet.  Cloud services (such as Dropbox, iCloud or Google Drive) allow users to save information on the service provider’s remote servers, so that the information can be accessed using any computer in any location and also shared with other users. Conveyor & General Engineering Pty Ltd v Basetec Services Pty Ltd [2014] QSC 30 On 23 August 2013 Basetec Services sent an email to the lawyers for Conveyor & General […]

  • Everyone who owns or manages a business is unfortunately aware that some accounts will not be paid when due.  Unpaid debts can critically damage cash flow and the process of debt recovery takes time and energy that would be better used in other aspects of your business. In this 3 part series we look at strategies every business can use to maximise the recovery of accounts and minimise lost debts.  In part 1, we looked at the start the commercial relationship.  In part 2, we looked at how to best manage the ongoing business relationship.  And in this final part 3, how to maximise your collection of monies due and […]

  • Everyone who owns or manages a business is unfortunately aware that some accounts will not be paid when due.  Unpaid debts can critically damage cash flow and the process of debt recovery takes time and energy that would be better used in other aspects of your business. In this 3 part series we look at strategies every business can use to maximise the recovery of accounts and minimise lost debts.  In part 1, we looked at the start the commercial relationship.  In this part 2, we look at how to best manage the ongoing business relationship. Keep a Paper Trail The initial agreement is just the start of the business relationship.  […]

  • Everyone who owns or manages a business is unfortunately aware that some accounts will not be paid when due. Unpaid debts can critically damage cash flow and the process of debt recovery takes time and energy that would be better used in other aspects of your business. In this 3 part series we look at strategies every business can use to maximise the recovery of accounts and minimise lost debts. In this part 1, we start by looking at when you first start the commercial relationship. Best Beginnings The way you commence a commercial relationship with a customer or supplier will largely dictate the ease or difficulty you will face in […]

  • The Corporations Act provides that a person is entitled to assume that a document has been properly executed by a company if it has been signed by the appropriate company officers (eg, 2 directors, director and secretary or sole director). The Facts The ANZ Bank provided facilities to a group of companies including Frenmast Pty Ltd.  As a part of this the ANZ obtained a guarantee from Frenmast in relation to the loans it had made to one of the other companies and to one of the directors of Frenmast, Robert Tiricovski. The guarantee appeared to have been executed by Frenmast because it bore the signatures of Robert Tiricovski and […]

  • Your business collects information on customers and potential customers. Does your use of that information comply with the privacy laws?

  • A recent decision of the WA Court of Appeal regarding a sale of land contract which was illegal by virtue of section 13 of the Sale of Land Act 1970 (WA).

  • Don’t purchase a business with your eyes shut! Follow these tips and you’ll be armed with the tools for success.

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