Under new changes to unfair contract terms laws, there will be tougher penalties of up to $50 million for breaches, as well as increased protection for small businesses. This has the potential to impact all Australian businesses, and it's crucial you understand your obligations and how to comply.

In this tough economic climate, more employers will consider making staff redundant. Employers who don’t get sound legal advice before making redundancies are at risk of breaking the law and could be left much worse off. Find out what you need to know in our latest blog.

The High Court just delivered two landmark judgments that have changed the way courts decide whether "contractors" are really employees. It is important to understand what has changed and what has stayed the same, to make sure your organisation stays compliant. Read our latest blog to find out how these judgments affect your organisation.

Buyers should conduct a thorough investigation of all key aspects of a business before deciding whether to buy it and if so for what price, and employee matters are a key consideration. Sellers must be prepared to provide adequate information in response to these requests otherwise they may lose a potential buyer, however there are many issues they must consider when preparing a response. This article examines some of the key considerations both parties must manage during the due diligence process.

Electronic communications are a key communication method for most organisations. It's important to know whether the Spam Act 2003 (Cth) (Act) applies to each communication and, if it does, make sure the communication doesn’t amount to a breach of that Act. Otherwise, your organisation might face significant fines and other consequences. This article explains what kinds of communications are regulated by the Act and what your organisations needs to do to not be a spammer.

Having a strong and recognisable brand is important. Chances are, your business already has a registered trade mark over brand assets such as its logo and product names. But did you know you that certain businesses can register defensive trade marks for goods and services they don’t yet offer?

Most organisations capture personal information about their customers as part of their everyday operations. But do they all need a privacy policy? The short answer is that only some businesses are legally required to have a privacy policy, but many others choose to have one anyway because there are many potential benefits in having one – including more sales!

The name and logo of your business can be one of the most important and valuable assets you will ever own. While you may consider trademark registration too expensive, failing to register your trademark can be far more expensive and can cause irreparable harm to your business.  Registering your trademark is the only way you can be confident that the valuable branding of your business – for example, the name and logo – is legally protected.  It also helps you maximise your return on investment. 

To us, registering your trademark is a “no brainer’.  Here are the top four reasons why.

It is no exaggeration to say that poor cash flow kills businesses every day.  Businesses that go on to survive and thrive have a number of strategies in place to ensure that they are increasing sales and collecting payments on time. One of the best strategies is having a great standard contract in place that makes it easier to collect payments on time and imposes consequences on bad debtors.

Read on to learn more about contract terms that smart businesses use to protect their cash flow:

A ‘terms of trade’ is a legal document setting out the terms on which the business will provide goods or services.  Having a well written terms of trade is one of the most important investments you will ever make in your business. It can benefit your business in many ways, including by helping your business: get paid more money; get paid on time; reduce the risk of getting sued; and develop stronger and better relationships with customers.

Read on to find out more about what terms of trade are and why your business needs one.

A client services agreement is a contract between your business and your clients. Having a great client services agreement is one of the most important investments you can make in your business. A great client services agreement can help your business in many ways, including by helping your business get paid more money, get paid on time, reduce risk and keep better clients for longer. Read on to find out more about what client services agreements are and why your business needs one.

Let's bypass the legal lingo and get right to the point. What do contracts actually do in the everyday running of a business? What happens in typical business situations when a contract isn't in place? Are they really worth the money? Find out all of this and more by tuning in to Jessica Kinny’s guest appearance on The Oyster.

Shareholder Agreements are essential when setting up a company with someone else. If that “someone else” is a friend, family member or someone you trust… in some ways, it can be even more important to have a Shareholder Agreement. Click here to find out why a Shareholder Agreement is the best investment you can make in your business venture.

A robust cease and desist letter can be a powerful tool to protect your rights without incurring the cost and inconvenience of litigation.  But, you should not send a cease and desist letter without proper legal foundation and it is important to get the content right as the letter may be used as evidence in future legal proceedings (for or against you!).