Conducting business as a partnership

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…

I just want to get paid!

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…

To send or not to send

Direct Marketing under Australian Privacy and Spamming Laws Before you hit send on that commercial electronic message (including, amongst others, emails and SMS messages) (“CEM”) you should be aware of the application of Australian privacy and spam laws. Finding electronic addresses online or purchasing a list from a business to business list supplier (“B2B List…

Employers caught by own policies

Businesses, particularly large ones, often develop internal policies concerning the employment of their employees. These policies deal with a wide range of matters including the use of motor vehicles, drugs and alcohol, conflicts of interest, IT and social media, confidentiality and intellectual property, dress codes, bullying, harassment and anti-discrimination, redundancy entitlements and eligibility for share…

Caveats

What is a caveat? A caveat is a notice recorded on a title to land to protect an interest that affects that title.  The caveat forbids registration of any further interests that may affect the interest recorded in the caveat without the consent of the caveator (the person who lodges the caveat). Each state and…

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Diary of a Commercial Lawyer Part 2 – The Psychology of the Non-Compliant Taxpayer

15th January 2019

“His depression did not lift, it simply moved to one side a little” – Mervyn Peake – The Gormenghast Trilogy The woman was a self-employed tradesperson in her late 50’s.  She had always lodged her income tax returns and her quarterly business activity statements and income activity statements.  She had always paid superannuation contribution for... read more

Diary of a Commercial Lawyer Part 1 – The Pitfalls of Oral Contracts

7th November 2018

Reflecting on some 35 years of experience as a commercial lawyer, one thing in particular stands out: variety.  The extraordinary scope of the issues presented by clients to resolve. Apart from the fact there is nothing better than variety to keep your daily job interesting, 35 years of variables presented to you to deal with... read more

The SAT – reluctant interstate traveller

7th September 2018

Since its inauguration in 2005, the jurisdiction of the State Administrative Tribunal in Western Australia (SAT) has expanded exponentially to include more than 154 pieces of statutory legislation. The appeal of the SAT as a less complex, more informal, less procedurally stringent and expedited manner of dispute resolution has gained momentum and traction among the... read more