Sham contracts (Employee v Contractor) and a recent High Court decision
The Decision The High Court of Australia recently handed down a decision with the effect that an “employer” cannot avoid the sham contracting provisions in the Fair Work Act...
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What is a Heads of Agreement and are they legally binding?
This is a follow-up to our previous article – Capital Gains Tax: Timing is everything for a seller What is a Heads of Agreement? A Heads of Agreement, properly...
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Should I put an employee on Gardening Leave following resignation?
Is it wise to place an employee on Gardening Leave following the employee’s resignation? What is gardening leave? Gardening leave is when an employee is directed to not attend...
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Misleading and deceptive conduct in recruitment
How to avoid making misleading and deceptive statements pre-employment when recruiting in Australia If you are a business owner, you should be cautious when making pre-employment representations to prospective employees...
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Uber drivers ruled not employees in Australia
Uber drivers ruled as independent contractors, not employees under Australian employment law The gig economy is going to test the long held notion of what constitutes an employment relationship....
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Right of termination in a contract: A $146,000 reason to use caution!
Right of termination in a contract: A $146,000 reason to use caution! When adding a right of termination to a contract, it’s important to have a lawyer draft the...
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How to maximise goodwill when purchasing a business
How to maximise goodwill when purchasing a business In order to get the full benefit of the “goodwill” in the business you are purchasing, you should make sure all...
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4 of the most common issues in business contracts
4 of the most common issues in business contracts Every business will have to make new contracts at some stage, and the consequences of getting them wrong can be...
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Selling a business? Consider vendor’s due diligence
Are you selling a business? You should consider doing vendor’s due diligence before signing the contract If you are a small to medium size business owner and you are...
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The trouble with being an SME that deals with big business
The trouble with being an SME that deals with big business As an SME, entering into a business contract with a large corporation can seem like a fantastic windfall...
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