Are you planning on selling your small business soon? It may be hard to sell it quickly if you have no experience in this field. There are many things to consider when doing so, as you’ll want to get fair compensation for what you’ll be trading away. This article will run you through some tips...
A joint venture agreement is a contract between two or more parties who agree to work together to achieve a common goal. The agreement sets out the roles and responsibilities of each party and the terms and conditions under which the joint venture will operate. It is important to have a joint venture agreement in...
Article by Peter Lee, Property Law Accredited Specialist Have you been gazumped? I have always loved the word gazumped. It is often used in New South Wales property transactions where the seller unilaterally pulls out of the contract and leaves the buyer high and dry. It is a foreign concept in Queensland because we have...
What is e-conveyancing? E-conveyancing refers to property transactions that are settled electronically, and as of February 20 this year, they’re compulsory in Queensland. Mandatory e-conveyancing aims to ensure property transactions are completed quickly and consistently, and it also brings Queensland into line with New South Wales, Victoria, South Australia, and Western Australia, which have had...
One of life’s biggest commitments Buying a house is one of the biggest financial and emotional commitments you’re likely to make, so it’s important to ensure every detail is just right. Why contract review matters Getting a sale contract review by a qualified solicitor could potentially save you a lot of heartache, money and time....
What is a patent, and can I get one? We’ve all heard the expression “that’s a great idea, you should patent it”. But what does getting a patent entail? And are there things that cannot be patented? What is a patent? A patent is legal protection for any device, substance, method, or process that is...
Protecting your brand with a trademark The best way to protect your brand is with a trademark registration. A trademark registration can cover your business name, logo, or even a slogan. With a registered trademark, you will have exclusive rights to those names and images, and the right to use them for the services your...
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...
What is a shareholder’s agreement? A shareholder’s agreement is a contract between the shareholders of a company, which governs the relationship between each shareholder, and specifies who controls the company. Why you need one While it’s not a legal requirement, if your company has more than one shareholder, it’s advisable to have a shareholder’s agreement....
When is a publisher not a publisher? According to the High Court, when it’s Google. In a landmark defamation case, the court has confirmed that publishing hyperlinks to defamatory material written by others does not count as publication – or republication. However, the court also warned against applying that as the general rule. Accordingly, it...
What is Franchising? Franchising is a popular business model that allows you to operate a business under the brand of another business. Famous examples of a franchise in Australia include Pool Werx, Muffin Break, and Jim’s Mowing. A franchisee is a sole trader, partnership or company which enters into an agreement with the franchisor. The...
Capital Gains Tax (CGT) and Property Sales When a property is sold, it is a Capital Gains Tax (CGT) asset, meaning you may be liable to pay tax on all, or part of the profits from the sale. However, there’s an exemption for a property that is your principal place of residence – the home...