Disputes
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The do’s and don’ts of commercial lease agreements
Commercial leases contain important terms that define the rights and responsibilities of both landlords and tenants. Understanding clauses such as subletting, rent review and break clauses can help businesses avoid disputes and manage lease obligations more effectively. When negotiating a commercial lease, it is important to understand the essential terms that should appear in the...
What to do when a business partnership turns sour
There’s nothing better than a harmonious business partnership, and unfortunately, few things can be worse if that relationship turns sour. To avoid disputes, it’s crucial that every member of the partnership understands their responsibilities and what to do if disputes arise. Disagreements in business can happen for a few reasons, including: Profit...
Does the Executor of an Estate Represent the Beneficiaries of the...
No. The executor represents the estate. What is the difference? The difference is that the estate is a form of trust. A trust has a legal identity in its own right. The executor represents that trust, or legal entity, as a whole. Some estates have only one beneficiary, other estates have more than one beneficiary,...
How to reduce the risk of litigation
Understanding your legal risk is essential When you’re in business, it’s important to understand your levels of legal risk and how to avoid them. One of the most common areas of risk for any company is contracts. It can be a failure to review a contract properly, or to meet a deadline outlined in the...
Preventing Family Provision Claims
A family provision claim is a legal action brought by someone looking for a share of a person’s deceased estate, when they believe they have not been adequately provided for. Can a Will be contested? There is no way to stop someone from contesting a Will or making a family provision claim in Queensland. Anyone...
Why you need a cease-and-desist letter
If you think someone has stolen your work, is using a trademark or design too similar to yours, or is using your patent without consent, you need a cease-and-desist letter. What is a cease-and-desist letter? An intellectual property (IP) cease-and-desist letter is the first step in dealing with IP theft and is a formal demand...
Understanding a deed of release contract
What is a deed of release? A deed of release is a legal document formed between two parties that brings a dispute or an agreement to an end, and can in fact can be used to prevent a dispute from arising in the future. Generally speaking, a ‘release’ is a discharge of obligations. There are...
Building Contract Woes
With the increase in the cost of building materials and delays in construction due to labour shortages and other issues, we’re getting a lot of questions about building contracts. Can your builder increase the price of a fixed-price building contract? In most cases, no. Although there are some exceptions including: Rise and fall clauses Prime...
How to Handle Intellectual Property Rights Being Infringed
We value everything we do, especially if our work involves producing or manufacturing products. As workers, we all have rights that we’re entitled to, and they’re protected by law. However, there are times when a competitor might intentionally or unintentionally imitate certain aspects of your products. This is where intellectual property rights come in. Intellectual...
How You can Protect Your Brand Using Trademarks
There are various challenges that you need to navigate and persevere against when running a business. Some of the most troublesome battles, though, have to do with trademarking. It’s hard when another business steals your idea or accuses you of being a copycat. This results in bad press, arduous legal battles, a lot of expenses,...
How to Protect Your Brand From Identity Theft in Australia
There are various challenges that you need to navigate and persevere against when running a business. Some of the most troublesome battles, though, have to do with trademarking. It’s hard when another business steals your idea or accuses you of being a copycat. This results in bad press, arduous legal battles, a lot of expenses,...
What You Need to Know About Receiving a Cease and Desist
A cease and desist letter is a legal notice that alleges your practice of unlawful or offensive activity or business. Naturally, it can be distressing to receive this kind of letter since severe legal consequences can follow if you do not comply with the accuser’s demands. These can include legal costs, damages, or the destruction...