Posts | Category: Business Transactions

The legal interpretation of contract can be a minefield for the unwary. HAYLEY KELLOWAY of RMB Lawyers explains the approach that Australian Courts take in interpreting contracts when disputes arise.

When selling any hospitality business, be it a café, restaurant, bar or venue, it's important to document the sale correctly using a well drafted Business Sale Agreement. RMB Lawyers Commercial Lawyer PAUL BARTHOLOMEW list eight common issues.

When two or more people or companies want to come together to create a new business venture, the question of how to structure it is important. RMB Commercial Lawyer PAUL BARTHOLOMEW explains some options:

Data breaches are security violations in which sensitive, protected or confidential data such as credit card and bank details, personal health records and intellectual property is copied, transmitted or stolen by unauthorised persons. The RMB Lawyers Business & Commercial Transactions division explains the process for companies or individuals that experience a data breach.

A common way to buy or sell a business is through an asset sale where the purchaser buys the assets needed to continue to run the business from the vendor through a Sale of Business contract. RMB Commercial Lawyer explains the key concepts:

For both business owners and workers alike, there is often a conundrum as to whether a worker is an employee or an independent contractor. RMB Lawyers Partner CHRIS SHEPPARD explains that it is an important distinction.

Whether you’re a first-time business tenant or a regular with experience, it’s always important to know your obligations under your lease. Here are five top tips for tenants from our Commercial Law team.

Businesses often find that clients fail to pay their invoices by the due date, we discuss the legal action businesses can take if they are having trouble with late payments.

The process involved in Commencing proceedings in the Local Court - The Statement of Claim is a pleading containing the allegations made by the Plaintiff against the Defendant and the relief sought.  The court requires you to file the Statement of Claim with the Local Court and serve a stamped copy of the Statement of Claim on the Defendant within six months of filing.  The Statement of Claim should be served as soon as reasonably practicable.

A company owes you money. You may be an individual or you may be a company. Regardless, you have already been through the process of initial court proceedings and you finally have succeeded in obtaining default judgement against the debtor.

As a company director it is imperative that you understand your duties and comply with general and specific laws applying to your company’s operations.

The need for businesses to take special care when restructuring for asset protection.

We look at alternatives for setting up your own business.

Rules relating to self-managed super funds.

The responsibility of company directors to ensure their company does not trade when insolvent.

The importance of Buy/Sell Agreements for businesses.

Pitfalls to avoid in commercial leasing.

 A Court victory for consumers against one of Australia's biggest banks.

Some hints on communicating with lawyers.

A look at the Personal Property Security Act, particularly as it affects businesses.

The role of trustees in Self Managed Superannuation Funds (SMSFs).