Understanding “Without Prejudice” Privilege
Frequently during commercial negotiations, and in an attempt to keep information they are disclosing from being used against them, parties use the phrase “without prejudice”. In many instances, this reference is made without a proper understanding of the term or its application. Use of the phrase is often misconceived as famously stated by Wells J…
Debt collection approach
Dealing with overdue debts can be the least pleasant part of being in business, but without cash flow a business will struggle. Managing payments should be given top priority. Debtors should be made aware of the debt and the lapsed payment terms and be advised of any imminent legal action. The first step in a typical debt recovery process is the creditor issuing a letter of demand before commencing…
Unfair dismissal?
Pursuant to the Fair Work Act 2009 (Cth) (“Act”), an employee will be taken to have been “unfairly dismissed” if the Fair Work Commission (“FWC”) is satisfied that: the person has been dismissed; the dismissal was harsh, unjust or unreasonable; the dismissal was not a case of genuine redundancy; and the dismissal was not in…
New protection for small business when dealing with “The Big End of Town”
Small businesses can be particularly exposed to unfair contractual terms when dealing with the big end of town. New laws offering protection to small businesses against unfair contract terms will come into force on 12 November 2016. The proposed laws will deem unfair contractual terms to be void if, at the time of entering into a “standard…
Business sale checklist
Rahul Kumar – There are many legal issues to consider when contemplating the sale of your business. While the following is not an exhaustive list, it provides an overview of some of the key issues you should consider. The proposed structure: a fundamental issue to consider is what are you seeking to sell – the shares in your…