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Business & Commercial Law Blogs

OAIC Steps Up Privacy Enforcement Following Optus Data Breach

Privacy compliance is firmly back in the regulatory spotlight, with recent action by the Office of the Australian Information Commissioner (OAIC) underscoring a

Unfair Dismissal for “No Response”? Why Employers Must Verify Absences First

A recent Fair Work Commission (FWC) ruling has made clear that employers cannot rely solely on automated HR systems when making termination decisions.

Someone once said you shouldn’t mix business with pleasure. Although they probably weren’t talking about taxation, the adage holds true for activities that have the potential to bring in

What is a Personal Guarantee?

A personal guarantee is a promise that is usually provided by a director of a company, making the director personally liable for the payment of money or compliance

What the Bakers Delight Case Means for Franchisor Liability

A decision of the Full Federal Court in Bakers Delight Holdings Ltd v Fair Work Ombudsman has reinforced the legal responsibility franchisors may bear for breaches committed

In 2018, the new ipso facto regime was introduced in Australia and now applies to any contracts entered into since its introduction. Many people are unaware that ipso facto

Force Majeure Provisions & Insolvency

Force majeure provisions may come into effect if a circumstance(s) beyond the control of a party to a contract arises. The provisions enable a party to a contract to escape liability

What is a Director Penalty Notice?

A Director Penalty Notice (DPN) represents a formal notification directed at a company director, issued by the Australian Tax Office (ATO). As a result of a DPN, a director may

Tax Avoidance vs Tax Evasion in Australia: Key Differences & Consequences

Tax avoidance (sometimes referred to as tax minimisation) and tax evasion are two very different things in the world of tax and these terms are often confused.

The number one topic that employers have trouble with, according to Employsure Australia, is their obligations relating to wages. Modelling released in 2019 by consulting firm PwC

Appointing a Corporate Trustee in a Family Trust

In setting up a family trust or other trust structure, a person known as the ‘settlor’ appoints an individual or a company as the trustee, which can be used as

EOFY Checklist for Small Businesses

With the end of the financial year rapidly approaching, it is critical that small businesses have their financial and business affairs in order. We’ve put together a quick checklist addressing

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