For those who have run a business, the terms receivership, administration, bankruptcy and liquidation are used widely to describe businesses that is in trouble. While these are all related to a certain degree, they are all different situations, that can result in different outcomes for business. In this article, we will discuss what it means … Continue reading Receivership
Category: Commercial Law
ASIC Investigations
What is an ASIC investigation? Why and how are they conducted? The Australian Securities and Investments Commission (ASIC) investigates and prosecutes breaches of corporate law by corporations, directors and officers. Their work is carried out under the Commonwealth Corporations Act 2001. Breaches of corporate law can have some serious consequences for a business and the … Continue reading ASIC Investigations
Setting Aside Default Judgements
Firstly, what are default judgements? Default judgments occur when people do not respond to a lawsuit or debt collector, and a judge resolves the case without ever hearing the defendant’s side. In effect, they are found guilty because they never actually entered a defence, therefore, a judgement is made, setting out the amount of money … Continue reading Setting Aside Default Judgements
Dissolving a Partnership
A partnership is a relatively simple type of business structure that many people take on. It involves two or more people, or companies working together to make a profit. However, since it is one of the most informal and simple business structures to set up, often partnership agreements are neglected, resulting in issues when conflicts … Continue reading Dissolving a Partnership
Recovering debt owed by a company
All businesses have a range of unpaid debts owed to them and it can be a timely exercise chasing up unpaid invoices constantly, but the reality is that if you do not get paid, you cannot survive. If you have taken all of the necessary steps to try to recover some of these debts, it … Continue reading Recovering debt owed by a company
Australian Business Names
Do I need to register my business name? The name you choose to operate your business under is your business name. It is often your first impression with customers and a key differentiator between your competitors. It is more than a word; business names have the power and emotional influence to create a positive or … Continue reading Australian Business Names
Retention of Title Clauses
Credit can be a red flag for many business owners. Why? When customers are given credit for goods, there is a risk they will never receive the payment for the goods. A Retention of Title clause can provide a business with protection if they are concerned about not receiving payment from the buyer. This type … Continue reading Retention of Title Clauses
Breach of Contract QLD
Breaches of contracts in Queensland Contract law What is a contract? Contracts are a crucial part of day-to-day life in Queensland and in Australia as a whole, so much so that we are entering into them everyday, often without even realising. A contract is defined as a "legally binding agreement that recognises and governs the … Continue reading Breach of Contract QLD
Calderbank Offers in Litigation
Understanding Calderbank offers in litigation Litigation is expensive. The Court typically decides how the costs of litigation will be allocated after the trial. In most cases, the unsuccessful party in Court will then be required to pay the successful party’s legal costs. However, something known as a Calderbank offer could change this financial outcome. What … Continue reading Calderbank Offers in Litigation
Trademarking your business name QLD
Should you trademark your business name? It is granted that everyone’s business is unique. Therefore, it is no surprise that everyone wants their business to stand out from its competitors and be identifiable to their perspective audience. Perhaps the best way of achieving this is registering a trademark on a business name or logo, giving … Continue reading Trademarking your business name QLD









