Category: Corporate & Commercial

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loan sheet

Negotiating the Loan Term Sheet: The Borrower’s Perspective

07 October 2019

There are new signs that the Australian property market is on the rebound. As the property market recovers, so does the credit market and companies will increasingly seek financing for their business. Financing may take many forms: revolving credit loans, loans to finance the acquisition of a target company, or construction loans, to name a few.

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 ‘Fairness in Franchising’ – The Call for Equitable Exit Arrangements

23 May 2019

Chapter 11 of the Parliamentary Joint Committee on Corporations and Financial Services ‘Fairness in Franchising Report’ – published in March 2019 – covered the termination of franchise agreements.

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‘Fairness in Franchising’ – Unfair Contract Terms in Franchising Agreements

09 April 2019

Last month, the Parliamentary Joint Committee on Corporations and Financial Services published its ‘Fairness in Franchising report’ (Report). The terms of reference for the Report were released over 12 months ago and more than 400 submissions were received, mostly from franchisees.

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Transport & Logistics Contracts – Common but Fatal Traps

01 March 2019

Contracts to provide transport or logistics services are vital to business success, but if not well negotiated, can have serious or even fatal consequences for the transport or logistics provider.

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Tenders: high rewards but high risks

03 December 2018

Governments and, increasingly big companies, are using tender processes (including Request for Proposals and Request for Tenders) to award contracts to transport and logistics companies.

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Parallel importing just got easier

26 October 2018

There has been a significant amendment to the Trade Marks Act 1995 which further entrenches the legality of parallel imports in Australia.

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What your organisation needs to know about mandatory data breach notifications

16 May 2018

Mandatory data breach reporting requirements commenced on 22 February 2018. Organisations that are bound by the Privacy Act 1988 (Cth) (Privacy Act) need to report certain data breaches to the affected individual(s) and the Australian Information Commissioner.

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‘Best (act) Before’ Country of Origin food labelling deadlines are enforceable

09 May 2018

How to prepare to comply

From 1 July 2018 food businesses must comply with labelling requirements set out by the Australian Government which aim to provide consumers with greater transparency on the origin of their food.

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Landmark Royce Hotel sale settles into safe hands of Melbourne hotelier and pub owner

18 February 2018

St Kilda’s Royce Hotel has changed hands, with Melbourne pub owner Mazen Tabet and the Tabet Investment Group purchasing the freehold and business for a $55 million purchase price.

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Must your personal information actually be about you? Court decision defines ‘personal’

08 March 2017

In a recent case involving Telstra, the Full Federal Court has confirmed that personal information must be information about an individual before it will be protected and regulated by the Privacy Act and the Australian Privacy Principles.

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loan

Forgiving quarantined Div. 7A loans & UPEs

12 December 2016

Latest news from Rigby Cooke’s tax team. Making sense of the #austax system.

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trade mark registration

Is your brand protected?

06 October 2016

IP Australia fee changes looming – Renew your existing trade mark registration now to save.

IP Australia has announced a change to its fee structure. You can find out more here.

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customers on credit

Getting the terms of trade right: lessons for traders

09 September 2016

Many of our clients trade with customers on credit. When doing so, there is a risk that customers might be unable to pay.

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confidentiality

Employees leaving – IT forensic accountant and confidentiality

05 September 2016

Prudent business owners will go to great lengths to protect their intellectual property and confidential information from their employees and competitors.

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terms

To agree or not to agree

05 September 2016

One of the golden rules when entering into an agreement is to ensure that all the terms are recorded in writing and signed by the relevant parties. As the old saying goes, a verbal agreement is as good as the paper it is written on.

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Caught in the act: adultery website falls short on privacy

05 September 2016

Ashley Madison breached a number of its obligations under Australian privacy law in the months leading up to a cyber-attack on its customer database in July 2015, a joint report by the Canadian and Australian privacy commissioners found recently.

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Victorian Manufacturers breakfast

Insights from the Victorian Manufacturers breakfast

22 July 2016

We are pleased to have co-hosted our first Victorian Manufacturers breakfast with Klugo.

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Copyright ownership for software

Copyright ownership for software developers – who really owns the code?

15 June 2016

Many businesses are familiar with engaging a software developer to create a product or application, however the devil is in the detail when it comes to ownership of the end product.

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Privacy Awareness Week

Obtaining patient consent to the collection of health information

17 May 2016

If you are a health service provider, all personal information that you collect about an individual to provide, or in providing a health service to that individual is classified as health information for the purposes of the Privacy Act.

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data breach

Are you ready to report a data breach?

17 May 2016

The effects of a privacy breach can extend beyond fines and apologies: the damage to a business’ reputation and goodwill can be costly and it may take years to rebuild.

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personal information

Transferring personal information offshore – how Australian businesses can minimise the risk

16 May 2016

Can Australian businesses send information overseas?

If your business discloses personal information to an overseas recipient, it may be accountable for any actions of the overseas recipient that would breach the APPs. This leaves your business with a significant exposure – your business could be found liable based solely on the actions of the overseas recipient.

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Franchisor liable to franchisee for allowing incursions into territory

08 May 2016

Spanline Weatherstrong Building Systems Pty Ltd, a franchisor engaged in designing, manufacturing and selling home extensions (eg patios, roof awnings, covered verandas, and carports) gave permission to one of its franchisees (Marmax Investments Pty Ltd) to conduct business within the territory of another franchisee (RPR Maintenance Pty Ltd).

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cgt

CGT event time and options

04 April 2016

In structuring 30 June transactions it is often desirable to sign a contract before 30 June, but defer payment of capital gains tax (CGT) or the CGT event until a subsequent income year; particularly where settlement is deferred to a subsequent income year so there are no sale proceeds for the vendor to pay the tax or it is desired to set-off losses in the subsequent income year.

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franchising relationship

Good faith in the franchising relationship

16 March 2016

Key points

  • Parties to a franchise agreement should always act honestly in exercising powers and performing obligations under the agreement and the Franchising Code of Conduct
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oppressed

Pharmacy Location Rules considered by the Full Federal Court

29 February 2016

On 3 February 2016 the Full Federal Court handed down its decision in Assarapin v. Australian Community Pharmacy Authority. 1

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deeds of indemnity

Do your deeds of indemnity for officers and directors require review?

29 January 2016

  • A recent court decision highlights the need for companies to review deeds of indemnity given to the company’s directors
  • The decision illustrates the importance for officers and employees of having effective and extensive directors and officers insurance from the outset
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Safe Harbour ruling

What is the European Court of Justice Safe Harbour ruling?

11 October 2015

The European Court of Justice has ruled that a 15-year-old agreement allowing companies to transfer personal information from servers within the European Union to servers in the United States is invalid.

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