The economic impact of COVID-19 on business generally, and commercial leasing arrangements has been the focus of many landlords, tenants and governments. On 7 April 2020, the Federal Government released its much-anticipated Mandatory Code of Conduct – SME Commercial Leasing Principles during COVID-19 (Code). The Code adopts and builds on principles emanating from National Cabinet […]
The term “buying off the plan” usually refers to purchasing a property that is not yet registered as a separate lot with the government department responsible for land title registrations, or not yet built. Buying off the plan can refer to the purchase of a block of vacant land that is part of a subdivision, […]
A franchise operates within an existing business structure that gives the franchisor discretion to implement strategies, introduce new products and set prices for the ‘branded’ goods or services. These commercial decisions however must be exercised in ‘good faith and reasonableness’. The obligation of good faith is reflected in the Franchising Code of Conduct which sets […]
Most people recognise the importance of having a Will to determine how their estate is distributed when they pass. If you are self-employed, a partner or co-director, having a ‘Will’ or succession plan for your business is equally important. Think about what may happen to your business when a key partner dies or is incapacitated. […]
Management of employees is an important aspect of running a business. Employees that are motivated are more likely to deliver higher levels of performance, work more productively and have less sick leave from work. Rewarding and recognising good employee performance is just as important as managing employee performance. There may be times when […]
A franchise is a business relationship in which the owner of the business that produces the products or supplies the service (the Franchisor) assigns to an independent third party (the Franchisee) the right to use the business name and to market, sell and distribute the nominated goods or service for an agreed period of time. […]
All jurisdictions in Australia provide statutory rights for eligible persons to contest an unfair Will if they can show that they have been left without adequate provision by the testator. In Western Australia, an eligible person includes a spouse or de facto partner. If a family provision claim is successful, the Court can order an […]
When renting business related property, it is important for both landlords and tenants to understand the relationship they are entering into and the rights and obligations that they each have, the document that governs this relationship is usually a Commercial Lease. A Commercial Lease gives the tenant an immediate right to take possession of premises […]
A trust is an obligation imposed on a person (the trustee) to hold property or income for the benefit of others (the beneficiaries). A trustee is responsible for the operation of the trust. A trustee can be an individual, partnership or a company. There are a number of laws which govern how a trustee must […]
An Enduring Power of Attorney is similar to a General Power of Attorney except that the powers continue, or endure, in the event the donor loses mental capacity. In Western Australia, a document appointing an Enduring Powers of Guardianship and Advance Health Directives can be used alongside an Enduring Power of Attorney to authorise medical […]