How to create and protect the goodwill in your business
Goodwill has a long history in case law in Australia and the Commonwealth legal system. In IRC v Muller & Co Margarine Ltd (1901) AC 217 at 223 - 224, Lord MacNaghten described goodwill: "What is goodwill? It is a thing very easy to describe, very difficult to...
The importance of being permanent
If your home is the only property you own, land tax will never trouble you – mostly! Sometimes, however, it goes wrong. It did for our clients Ben and Teresa, as you will see below. What is the Foreign Owner Surcharge Land Tax? The foreign owner surcharge land tax was...
The importance of estate planning for all
In 2017 the right to marry in Australia was no longer determined by sex or gender. However although marriage equality was achieved, there are still many circumstances in which the LGBTQIA+ community continues to experience unique challenges from a legal perspective....
Register It
Register It! Over the past few years, we have written on several occasions about the importance of the Personal Property Securities Act 2009 (PPSA). The PPSR is one of the primary risk management tools that can help protect your business against unexpected issues such...
Protect and Commercialise Industrial Design Part 3
What is your brand design and style worth to your business? In our three-part series How to Protect and Commercialise Industrial Design we looked at how IP works, explored the four primary forms of IP protection and explored the importance of protecting your designs...
Protect and Commercialise Industrial Design Part 2
What is your brand design and style worth to your business? In the first part of our series How to Protect and Commercialise Industrial Design, we discussed the importance of protecting your designs in order to solidify the commercial value your intellectual property...
Unfair Contracts – Resetting the Balance Between Big and Small Businesses
Big businesses that use unfair standard form contracts with small firms and consumers will have approximately 12 months to rewrite their agreements before they face substantial penalties for the first time. On 27th October 2022, Parliament passed new laws prohibiting...
Protect and Commercialise Industrial Design Part 1
What is your brand design and style worth to your business? Most manufactured objects start with an industrial design creating and developing the look of a product for manufacture and sale, including the shape, pattern, configuration and ornamentation applied to the...
How Much Power is Too Much?
A Power of Attorney is an integral component of any good succession plan. In its simplest terms, a Power of Attorney (POA) is a legal document, by which one person (the Appointor) authorises another person (the Attorney) to act in the place of the Appointor, most...
Duty on Option Fees in NSW
There has been a recent important change to the law regarding the imposition of state duties on property options in NSW, which will impact option agreements in real estate acquisitions. With effect from Friday 20 May 2022, the Duties Act 1997 has been amended to...
Privacy and Cyber Security at the Forefront of Corporate Responsibility
The decision in Australian Securities and Investments Commission (ASIC) v RI Advice Group Pty Ltd [2022] FAC 496 (handed down on 5 May 2022) highlights the potential need for the financial services sector (and on a wider scale, corporate Australia), to do more,...
Time To Sell?
You are a small business owner – some time in the next few years you want to sell, but have no immediate plans. But things can change quickly and without warning – health, family circumstances, or maybe someone comes to you and wants to buy your business. Is this the...
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