Insights
Practical commentary on Australian commercial law, regulation and how businesses actually operate.
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Understanding the difference between an indemnity and a warranty is crucial for effective risk management in commercial contracts. Each serves distinct purposes and carries different implications for liability.
Read the article →The unfair contract terms regime now applies more broadly to business-to-business standard form contracts. Businesses need to review their standard agreements to ensure compliance.
Read the article →Founders must understand their duties as directors. Breaches can lead to significant penalties and liabilities.
Read the article →Repudiation is conduct showing one party no longer intends to be bound. Here is the Koompahtoo test, how to elect between acceptance and affirmation, and how to terminate without becoming the defendant.
Read the article →The modern Australian equivalent of the fixed and floating charge — how a GSA works, how it registers on the PPSR, and what to negotiate before signing.
Read the article →Choosing between a distributor and an agency agreement is a critical decision for businesses looking to expand their market reach. Each structure has distinct legal and commercial implications.
Read the article →The document that introduces a private raise or business sale to investors — what it contains, when it substitutes for a prospectus, and where the legal risk really sits.
Read the article →How to add to, amend or clarify a contract properly — the formal requirements, the section 127 execution issues, and where casual addenda go wrong.
Read the article →Who can bind your business — actual, apparent and ratified authority, fiduciary duties, and where apparent authority overrides your internal rules.
Read the article →Why "next of kin" means different things on a hospital form, a superannuation nomination, and an intestate estate — and how to make sure the right person actually inherits.
Read the article →Navigating commercial lease exits requires strategic planning. Understand your options and obligations to ensure a smooth transition.
Read the article →A caveat freezes a Torrens title. Here is what qualifies as a caveatable interest, how lapsing notices work, and the section 74P damages exposure for lodging without cause.
Read the article →The two ways to co-own property in Australia — survivorship, unequal shares, severance and the estate-planning consequences of the choice.
Read the article →The Anthropic v Abnormal AI dispute is a live reminder that in most of the world — including Australia — the trademark register rewards the first to file, not the first to use.
Read the article →How NSW strata schemes actually work in 2026 — by-laws, levies, common property, defects, meetings, disputes and the duties of the strata committee and managing agent.
Read the article →The remade Franchising Code commenced 1 April 2025 with higher penalties, tighter disclosure, marketing-fund audits and a multi-party mediation pathway. Here is what changed.
Read the article →The ACL touches every Australian business — misleading conduct, unfair terms, consumer guarantees, product safety and unconscionable conduct. A plain-English guide to what it covers.
Read the article →Start-ups often face a choice between SAFEs and convertible notes for early-stage capital raising. This article outlines the key differences between these funding instruments.
Read the article →When engaging contractors, organisations must ensure intellectual property developed by them is appropriately assigned. Clear contractual terms are essential to protect your business's proprietary rights.
Read the article →Businesses supplying goods and services in Australia must comply with consumer guarantees. These apply automatically and cannot be excluded, regardless of express warranties.
Read the article →A plain-English guide to phantom share schemes in Australia — how they work, how they are taxed, when to use them over an ESOP, and what a phantom plan should actually say.
Read the article →A practical legal guide to sweat equity for Australian startups — how to structure shares-for-services deals with founders, advisors and early contractors, how the ATO treats it, and how to avoid the classic traps.
Read the article →Offshore staffing and labour hire are two different legal models with very different obligations under Australian law. A plain-English guide to state licensing, payroll tax, sham contracting, cross-border data and the contracts that hold it all together.
Read the article →A practical comparison of trading as a sole trader vs a proprietary limited (Pty Ltd) company in Australia — liability, tax, cost, credibility, and when to switch.
Read the article →A caveat is a legal notice lodged on a property title to protect an interest in land. Here is what a caveat does, who can lodge one, and how to remove it in Australia.
Read the article →AS4000 and AS2124 are the two most widely used general conditions of contract for construction work in Australia. Here is how they differ on risk, payment, variations and dispute resolution — and when each is the better fit.
Read the article →Victoria has moved further than any other Australian jurisdiction in codifying work-from-home rights. For employers with staff based in Victoria — whether that is the whole workforce or a handful of remote hires — the 2026 reforms change what has to be documented, what can be refused, and what a compliant…
Read the article →ABN and ACN look alike and get confused constantly. Here is what each number is, who issues it, who needs it, and how they fit together for sole traders, trusts and companies.
Read the article →Government procurement follows tightly regulated rules on eligibility, evaluation, probity and contract terms. Here is what Australian suppliers should understand before bidding — from CPRs and AusTender to modern-slavery and payment-times obligations.
Read the article →The most significant expansion of Australia’s anti-money laundering regime in two decades is now in effect. Following the Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (Cth), a large group…
Read the article →A plain-English guide to shareholders agreements in Australia — what they cover, why every company with more than one owner needs one, and how they differ from a company constitution.
Read the article →RFPs, RFQs, EOIs, ROIs and RFTs sound interchangeable but they describe different stages of the procurement funnel. Here is a plain-English guide to each, when it binds you, and what to watch for in the fine print.
Read the article →Architects carry professional responsibility that extends well beyond the drawings they produce. Their work is regulated at the point of entry, governed by professional standards in practice, and capable of…
Read the article →Few small businesses have to satisfy as many overlapping regulators as a food truck. A single trading day can touch food safety law, local council approvals, road and parking rules,…
Read the article →Managed IT service providers (MSPs) sit in an unusual position: they hold the keys to their clients’ systems, data and, increasingly, their entire ability to operate. That level of access…
Read the article →A publishing agreement is one of the most significant contracts an author will ever sign, yet its long-term consequences are easy to underestimate in the excitement of an offer. The…
Read the article →Commercial property agents handle significant transactions and substantial client funds, both of which attract close regulatory and professional standards. Sound documentation, careful handling of money, and transparent disclosure protect the…
Read the article →Gyms and fitness studios run on two things that attract close legal attention: recurring membership revenue and physical activity that carries a real risk of injury. A poorly drafted membership…
Read the article →Running a barbershop or salon is as much a business of contracts as it is of craft. Behind the clippers and the colour bar sits a commercial operation that signs…
Read the article →Private lending has grown significantly in Australia over the past decade. Tightening bank credit standards, rising demand for bridging finance, and the proliferation of non-bank lending platforms have created a…
Read the article →The Do Not Call Register (DNCR) is a national register of Australian phone and fax numbers whose owners have opted out of unsolicited telemarketing and marketing faxes.
Read the article →Subscription and membership models have proliferated across every sector of the Australian economy — software, fitness, media, professional services, e-commerce, and beyond. Recurring revenue is commercially attractive. It is also,…
Read the article →Raising capital is one of the most legally complex activities a growing business undertakes. It involves securities law, disclosure obligations, investor agreements, and corporate governance — all interacting in ways…
Read the article →Australian businesses are adopting AI tools faster than the legal frameworks around them are developing. That gap — between the pace of adoption and the pace of regulation — creates…
Read the article →How to Set Up a Trust in Australia: The Business Owner’s Guide (2026 Update) Trusts are one of the most widely used structures in Australian business and investment — and…
Read the article →A proprietary company — commonly written as 'Pty Ltd' — is a private company registered under the Corporations Act 2001 (Cth).
Read the article →Franchising is one of the most structured forms of commercial relationship in Australian law. It is also one of the most regulated. The Franchising Code of Conduct — a mandatory…
Read the article →Agency is the legal relationship in which one person (the agent) is authorised to act on behalf of another (the principal) so as to affect the principal's legal position with third parties.
Read the article →If your business provides services to clients — any services — a service agreement is the document that defines what you have agreed to do, what they have agreed to…
Read the article →Most Australian business owners stopped paying attention to privacy law a long time ago. It felt like something only banks, telcos and hospitals had to worry about. That assumption no…
Read the article →The Corporations Act 2001 (Cth) is the primary Commonwealth statute regulating companies, managed investment schemes, financial services, disclosure and takeovers in Australia.
Read the article →A commercial lease is typically one of the largest financial commitments a business makes. It binds the tenant to a location for years, carries substantial make-good obligations, and contains provisions…
Read the article →A lien is a right — either at common law, in equity or by statute — to retain possession or ownership of another person's property until a debt or obligation owed by that person is satisfied.
Read the article →Choosing a business structure is one of the first — and most consequential — decisions a business owner makes. It affects personal liability, tax obligations, the ability to raise capital,…
Read the article →™ indicates a mark that is being claimed as a trademark but is not necessarily registered.
Read the article →Social media has changed how businesses market themselves — and how quickly a compliance misstep becomes a public one. A misleading Instagram post, an undisclosed influencer arrangement, or an unapproved…
Read the article →An information memorandum (IM) is a document prepared to inform potential investors, purchasers or lenders about a business, an investment opportunity or a capital raise.
Read the article →Not the insurer. Not their accountant. You. And that call is uncomfortable — because the client doesn’t always know where the broker’s job ends and someone else’s begins. They just…
Read the article →Section 127 of the Corporations Act 2001 (Cth) permits an Australian company to execute a document — with or without a common seal.
Read the article →Employment of children is regulated primarily by state and territory legislation, not federal law.
Read the article →Each Australian state and territory has legislation designed to ensure that contractors and subcontractors get paid promptly for work performed.
Read the article →A chattel is a moveable item of personal property. A fixture is an item that has been affixed to land or a building in a way that makes it part of the real property.
Read the article →On 1 April 2026, Australia passed its first comprehensive law regulating digital asset platforms. The Corporations Amendment (Digital Assets Framework) Bill 2025 cleared both houses of Parliament, bringing crypto exchanges…
Read the article →Every commercial contract worth the paper it’s printed on includes insurance obligations. But most business owners gloss over them. They treat insurance clauses like boilerplate filler — until something goes…
Read the article →Personal services income (PSI) is income earned mainly as a reward for an individual's personal effort or skills.
Read the article →Rent abatement is a reduction or suspension of rent payable by a tenant, usually because the tenant is prevented from using the premises for the leased purpose.
Read the article →A new compliance era has arrived for Australia’s financial services sector. APRA’s Prudential Standard CPS 230 — Operational Risk Management — came into force on 1 July 2025. If you’re an APRA-regulated entity and you’re…
Read the article →To 'incorporate' is to register a company with ASIC, creating a separate legal entity distinct from its owners.
Read the article →A general security agreement (GSA) is a security document under which a company grants a security interest over all of its present and after-acquired property.
Read the article →Garden leave is an arrangement where an employee who has resigned (or been given notice) is kept employed and paid during the notice period but is required to stay away from the workplace.
Read the article →A contractor holds a direct contract with the principal — the party that ultimately wants the work done. A subcontractor holds a contract with the contractor, not the principal.
Read the article →Redundancy pay is the statutory entitlement in the National Employment Standards when an employee's job is genuinely no longer required.
Read the article →'OHS' — occupational health and safety — was the older umbrella term used across Australian jurisdictions. 'WHS' — work health and safety — is the terminology introduced by the model harmonisation reforms from 2011 onwards.
Read the article →The recommended retail price (RRP) — sometimes called the manufacturer's suggested retail price (MSRP) — is the price a supplier recommends that retailers charge for a product.
Read the article →Time off in lieu (TOIL) is an arrangement where an employee takes paid time off equivalent to overtime worked, rather than being paid the overtime rate.
Read the article →A limitation period is the maximum time after an event within which a legal claim can be commenced.
Read the article →Section 18 of the Australian Consumer Law prohibits a person in trade or commerce from engaging in conduct that is misleading or deceptive.
Read the article →An indemnity is a contractual promise by one party (the indemnifier) to protect the other party (the indemnified) from a defined loss.
Read the article →A family trust — more precisely, a discretionary family trust — is a legal structure in which a trustee holds assets for a defined class of beneficiaries.
Read the article →A notary public (sometimes 'public notary') is a senior legal practitioner authorised to witness signatures, certify copies and administer oaths for documents intended to be used outside Australia.
Read the article →Website terms and conditions are the contract between you and every user of your website.
Read the article →A non-disclosure agreement (NDA) — also called a confidentiality agreement or 'confi' — is a contract that obliges one or both parties to keep specified information confidential.
Read the article →In Australia, 'lawyer' is the general term for anyone admitted to the legal profession.
Read the article →A fiduciary is a person who has undertaken to act for or on behalf of another in a way that gives rise to a relationship of trust and confidence.
Read the article →A will is a legal document that takes effect on death. It nominates an executor and directs how assets in your personal name are distributed.
Read the article →An Employee Share Option Plan (ESOP) gives selected employees the right — but not the obligation — to acquire shares in the company at a set price after a vesting period.
Read the article →Force majeure is a contractual clause that suspends or excuses a party's obligations if a defined event beyond their reasonable control prevents performance.
Read the article →From late 2023, the Fair Work Act 2009 (Cth) has restricted the use of fixed-term contracts.
Read the article →Under the Fair Work Act 2009 (Cth), a redundancy occurs when an employer no longer requires a person's job to be performed by anyone.
Read the article →Public liability insurance covers your business's legal liability for personal injury or property damage caused to third parties.
Read the article →Where two or more people own real property together, they hold it either as joint tenants or as tenants in common.
Read the article →A Tax File Number (TFN) is a nine-digit number issued by the Australian Taxation Office (ATO) to individuals, companies, trusts, partnerships and superannuation funds.
Read the article →The Personal Property Securities Register (PPSR) is the national online register of security interests over personal property in Australia.
Read the article →The phrase 'next of kin' has no single statutory definition in Australia.
Read the article →You’ve built something valuable. Now you want to sell it. Whether you’re passing the business on to a buyer you’ve found through a broker or directly negotiating with a competitor,…
Read the article →You’ve got the idea. You’ve got the co-founder. You’ve got the early customers lined up. The last thing on your mind is legal paperwork—but it should be. Getting your legal…
Read the article →Your business name. Your logo. Your tagline. These are more than marketing assets—they’re legally protectable intellectual property. And if you don’t protect them, someone else might. What Is a Trademark?…
Read the article →The unfair contract terms (UCT) regime under the Australian Consumer Law (ACL) has been extended and strengthened. From 9 November 2023, the regime now applies to more businesses and carries…
Read the article →The fractional economy is everywhere. Fractional CFOs. Fractional CMOs. Fractional HR directors. And increasingly: Fractional General Counsel (GC). For growing businesses that aren’t ready for a full-time in-house lawyer but…
Read the article →If you own shares in a company with other people and you don’t have a shareholders’ agreement, you’re taking one of the biggest risks available to you in business. And…
Read the article →Sometimes the most interesting things happening in a law firm are the things you never hear about publicly. Client confidentiality means we can’t share the specific stories—but we can share…
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