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The Financial Risk in Giving Personal Guarantees in Leases
If you are a director of a company entering a commercial or retail lease, a landlord will likely require you to give a personal guarantee for the company’s obligations under the lease. In such cases, directors should fully comprehend the extent of the guarantee they...
Review your Shareholder’s Agreement Regularly
What is a Shareholder’s Agreement? A shareholder’s agreement is essentially a corporate pre-nuptial agreement. It sets out the rights and obligations of shareholders or members in their ownership of a company. It is not compulsory but it is prudent to have one before...
Illegal interview questions you can’t ask a prospective employee
An employer’s potential liability for workplace discrimination arises before the first interview and exists whether or not a decision is made to hire a person. A job interview is integral to the recruitment process and provides an opportunity for the employer to ask...
Does Your Privacy Policy Comply With Privacy Laws?
Privacy laws in Australia are governed by the Privacy Act 1988 (Cth) (the ‘Act’) and the Australian Privacy Principles. The principles were introduced in 2014 to bring Australia’s privacy laws (first introduced in 2001) in line with advancing technology trends and to...
Demystifying Company Title
Strata title is a recent phenomenon, created with the introduction of legislation in 1961. Strata title now covers nearly all apartment blocks and unit properties. Prior to 1961, there was no strata title, and all these types of property were covered by company title....
Dealing with Construction Defects in Strata Developments
Construction defects in a strata development can have an overwhelming financial and emotional impact on a unit owner. All industry players are impacted, with the question of blame bouncing between architects, engineers, certifiers, developers and builders. In the...
Avoiding Redundancy Traps
Redundancy commonly occurs when a business is sold or restructured, and a role that has been carried out by a particular employee (or numerous employees) is no longer necessary. When this occurs, there are certain processes by which an employer must abide to legally...
Understanding Family Law Financial Settlement Documents
When ex-partners reach an agreement for the settlement of their financial matters upon separation, there are two ways this agreement can be legally finalised. These are ‘consent orders’ and a ‘financial agreement’. It is important to finalise family law financial...