Category: Commercial Law
Our commercial lawyers have extensive experience in dealing with both large and small businesses. ABKJ Lawyers advises clients on almost any issue that may arise, including Commercial Litigation, Shareholder and Partner Disputes, Leasing, Intellectual Property and more.
Below we’ve included some helpful articles discussing some of these common Commercial Law issues.
Retail Shop Lease Changes
Are you a landlord or a tenant under a Retail Shop Lease? There have been some changes to the law that you need to be aware of. After a comprehensive process beginning in 2011, the latest amendments to the Retail Shop Leases Act 1994 (“the Act”) have been passed into law. A short summary of the changes is as follows: Disclosure Obligations Landlords must now give any tenant who exercises its option a lessor disclosure statement within 7 days of a tenant exercising their option. If the landlord fails to comply with this obligation, the tenant will have the right… Continue Reading
From Saturday 12 November 2016, unfair contract term protections will extend to ‘small businesses’ under a new law. The new law established under the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) aims to protect small businesses with contracts that contain unfair terms entered into or renewed on or after 12 November 2016, or terms of existing contracts that are varied on or after this date. Why do I need to know this? If you have a ‘small business’, the new regime will apply to your contracts that contain unfair terms (and are found to be… Continue Reading
A question which is often asked when parties enter into a commercial lease is whether the lease should be registered on title to the property. This article summarises the advantages and disadvantages associated with registration of leases. Do I need to register my commercial lease? In Queensland, registering your commercial lease is not mandatory, meaning that failing to register your lease does not invalidate it. However, there are certain circumstances where registering your lease is recommended. By registering your lease, it creates an ‘indefeasible title,’ meaning that once your interest is registered it cannot be defeated in the event of… Continue Reading
The conduct of court litigation to achieve effective outcomes for a client is an art born out of experience and a proper understanding of the limitations of the court process. Any seasoned litigator will be able to relate tales of “winning the unwinnable” case and losing what was believed to be the “unloseable case” because of the unpredictable manner in which such disputes can unfold. Some of the factors contributing to the inherent uncertainty in litigation can be: The ability of a client to perform well in the witness box and convey their evidence to the court in a clear and… Continue Reading
Director Penalty Notices
What is a Director Penalty Notice? If you are a director of a company, even if you do not have anything to do with the day to day running of the company, you should be aware that the Australian Taxation Office is able to pursue you as an individual for certain company debts including Pay As You Go withholding tax and Superannuation Guarantee Charge. Before the Australian Taxation Office can commence proceedings against you personally, they must issue a Director Penalty Notice and send it to you. The Director Penalty Notice causes a director to have personal liability for the… Continue Reading
About Statutory Demands
What is a Statutory Demand? A Statutory Demand is a demand for payment of a debt by a creditor on a company pursuant to Section 459E of the Corporations Act2001 (Cth). A Statutory Demand can be issued against a company for a debt which exceeds $2,000.00 when there is no genuine dispute as to liability for payment. What you must do if you receive a Statutory Demand The first thing you must do when you receive a Statutory Demand is to contact your solicitor immediately for specific legal advice. Statutory Demands have a 21 day compliance period which means that… Continue Reading
