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What is the Tort of Negligence?
Negligence occurs when one party owes another party a duty of care, and fails to take reasonable care to avoid causing damage to that party. It applies to both individuals and businesses. There are several factors that need to be satisfied for an individual or a...
Busting 5 Common Objections to Making a Will
Making a Will can often feel like a daunting and unnecessary task. However, the unfortunate reality is that death is inevitable and proper creation of a Will is always an important task, regardless of the circumstances. In this article, we explore five of the most...
Will My Facebook Post Affect My Employment?
Can an employer intervene in an employee’s use of social media outside work? A recent decision by the Fair Work Commission has shed some light on this question, showing that having a detailed workplace policy can provide better protection for your company from...
Security for Leases – 3 Most Common Forms
What is a Security? Landlords typically ask for payment of ‘security’ when you first enter your lease. The security is an amount – usually 4 or more weeks’ rent – to cover any extra expenses should you break the terms of the lease agreement. For example, if the...
Personal Liability for Company Directors
A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). Incorporation gives the company a separate entity, distinct from its directors and shareholders. The company can enter into contracts, sue others, and be sued in its own right....
How Effective Are Your Post Employment Restraints?
Significant damage can be done to a business when an executive or senior manager resigns, taking with them valuable customers and confidential information. Restraint of trade clauses, or post-employment restraints, play a crucial role in protecting the legitimate...
5 Things You Need to Check Before Signing a Business Lease
Below are five things you should do before signing a business lease. 1. Factor in rent payments As a tenant, you are required to pay an amount – often referred to as your rent – for occupying the premises. This amount is usually paid to your landlord or managing...
Fair Work Commission Anti-Bullying Orders Explained
The Fair Work Commission has powers to make anti-bullying orders when a worker has been bullied by an individual or group and there is a risk that the worker will continue to endure this bullying if there is no intervention. The Commission does not have the power to...