Employee or Contractor? Know the difference

Ben McPherson – October 2013 Determining whether a worker is an employee or contractor can be a difficult task. However, the distinction is critical. The law treats each relationship differently and if business owners get it wrong the consequences can be expensive. The incorrect classification of workers can (and has) led to unfair dismissal claims,…

Structures

We have expertise in advising on the appropriate business structure for clients and in the transfer of assets from one structure to another. If you need assistance with establishing a business structure or you require advice about reviewing your existing business structure, we can help. Every business is unique and has its own particular needs…

Lux case: consumer law and unconscionable conduct

In the recent case of Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90 (Lux), the Federal Court provides valuable guidance on the meaning of unconscionable conduct under the Australian Consumer Law. This decision has been hailed as a “significant decision” by ACCC Chairman, Rod Sims, and is likely to have…

PPSA Equipment “Minefield”

PPSA: EQUIPMENT “MINEFIELD” FOR OWNERS/LESSORS Ben McPherson – October 2013 1. What is the PPSA? The Personal Property Securities Act 2009 (Cth) (PPSA), commenced on 30 January 2012. The PPSA establishes a new regime for the creation, priority and enforcement of security interests in personal property. Personal property is broadly defined as any form of…

Fremantle triathlon

Early on Sunday 30 March 2014 Paul, Alex and Ben competed in the 25th annual Skilled Corporate Triathlon in Fremantle.  To avoid pain and injury they chose the path of least resistance – the “tri-it” event (one leg each).  Alex floated his way through the chop, Paul claims he rode solidly and Ben dawdled swiftly to the South Mole and back.  Paul and…

Subscribe to our e-newsletter

Riaan Piek

26th March 2018

Introducing Riaan Piek, Litigation Counsel, who recently joined the firm to bolster Fletcher Law’s expanding litigation capacity with his 20 years’ experience as a lawyer advising on risk and the prevention, minimisation, control, balance and management of its consequences. Whilst Riaan has been a commercial litigator for most of his professional life, he has a... read more

Conducting business as a partnership

23rd March 2018

What is a partnership? A partnership is the relationship which exists between “persons” (see below) who carry on a business in common with a view to profit. In Western Australia, partnerships are governed by the Partnership Act 1895. There are two types of partnerships, “general” and “limited”. A general partnership is one in which all... read more

I just want to get paid!

20th March 2018

Fletcher Law receives a substantial number of enquiries from subcontractors, in the construction industry, about delayed or non-payment for works completed on construction projects. This is at a time when news about construction companies running into financial problems, leaving unpaid subcontractors in precarious positions, is all too common. The delayed payment or non-payment of accounts... read more