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…
Know your land rights: implications of ESAs
Over 98,000 parcels of land in Western Australia are identified as environmentally sensitive areas (ESA). If your land, or part of it, is declared to be an ESA, there can be significant consequences, including limiting activities that involve clearing vegetation, such as the construction of a building or other structure. An ESA can have a substantial impact…
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…
Cyber security progress
For the past 10 months Fletcher Law has worked with Diamond Cyber as its pilot client to help develop and test their “Active Defence Program” (ADP). We have attained Bronze ADP accreditation. Diamond Cyber was founded by former Australian special forces personnel to provide the private sector with the discipline, governance and leadership in information…
Winding up a corporation
There are a number of grounds for a corporation to be wound up. Not all of these concern the corporation’s insolvency, though it is the most common basis for applications for winding up. This article focusses on winding up applications that seek to rely upon the failure of a corporation to comply with a valid statutory…