Lawbase

🎄 Season’s Greetings from all of us at LawBase! 🎄 As we wrap up another year, we want to take a moment to thank all our clients, followers and supporters. What a fantastic year it has been. We’re so grateful to help our wonderful clients day in, day out and watch their businesses grow. Roll on 2025! Our office will be closed from 6pm today and reopen 9am, Monday 20 January. From our family to yours – have a safe and wonderful holiday and a bright start to 2025! 🌟 #HappyHolidays #LawBase #OutOfOffice #ReadyFor2025

The festive season is here 🎄 but is your business ready for ACL compliance? The lead-up to Christmas and post-holiday sales are the busiest times of the year for many retailers. But with increased sales comes increased scrutiny under the Australian Consumer Law (ACL). Missteps like refusing refunds on faulty items or unclear contract terms can lead to serious penalties – and unhappy customers. ✅ Staying ACL-compliant isn’t just a legal must – it’s key to building trust and repeat business. Whether you're offering holiday deals, gift cards or managing a surge in returns during Boxing Day sales, compliance ensures a seamless experience for you and your customers. Consumer law key points:  👉 No refund? No excuse! You can’t refuse refunds for faulty items – even on sale.  👉 Got standard form contracts? Unfair terms won’t hold up, leaving you exposed.  👉 Misleading claims about your products? You could face serious penalties.  👉 The good news: Small businesses also benefit from protections under the ACL in dealings with other entities. 🎁 Read up on all the details here: https://lnkd.in/g_ndfgSR #AustralianConsumerLaw #RetailCompliance #FestiveSeasonBusiness #CustomerTrust

Fixed-term contracts & unfair dismissal: think you’re in the clear? Think again. You might assume that when a fixed-term contract ends, so does any potential for an unfair dismissal claim. But the Fair Work Commission’s decision in Khayam v Navitas flipped the script, reminding employers that terminating a contract and ending an employment relationship aren’t always the same thing. 🧐 The challenge In this case, a teacher on consecutive fixed-term contracts was denied renewal based on performance. But was his employment terminated at the employer’s initiative? The Commission found that simply relying on the contract’s expiration might not be enough to avoid an unfair dismissal claim. 🚩 What employers need to know  It’s not just about what’s on paper; it’s about the employment relationship as a whole. Missteps like misleading representations or unclear processes can lead to claims of unfair treatment – even if a contract has ended. ✅ Here’s what to do • Review contracts to ensure they’re enforceable and free of voidable terms • Be transparent and avoid misleading employees about ongoing employment • Keep clear records of contract renewal decisions Fixed-term doesn’t mean risk-free. Stay vigilant to avoid turning an end date into a legal headache. 🔗 Read more about the case here: https://lnkd.in/gnt3Wkg9 #FixedTermContracts #UnfairDismissal #FairWorkCommission #EmployerResponsibilities #WorkplaceLaw #HRTips 

Oops: A minor ABN error cost a company $23 million 😬 A small clerical mistake led to a massive loss in the case of OneSteel Manufacturing – where using an ABN instead of an ACN on a registration resulted in a leasing company losing $23 million in assets. Under the Personal Property Securities Act, the requirements for correctly registering security interests are strict and even minor errors can be financially devastating. This case is a powerful reminder: when registering a security interest, double-check every detail. A simple slip-up could leave your business unprotected when it matters most. Ouch! 🔗 Read more about the case here: https://lnkd.in/gutsi39v #PPSA #BusinessTips #CheckTheDetails

As the year draws to a close, we naturally reflect on endings and plan for new beginnings. But what about the future of your business? Does it have a succession plan in place? 🌅 Just like a personal Will, a ‘business will’ (or succession plan) is essential if you’re self-employed or in a partnership. Without a plan in place, your business could be left vulnerable or face an uncertain future if a partner suddenly loses capacity or dies. Wouldn’t you rather know that, even if the unexpected happens, your business will continue smoothly? With buy-sell insurance and a buy-sell agreement, you have a framework to transfer shares, protect business value and sustain operations – without disruptions or conflict. Don’t leave your business’s future to chance. Speak to our team about creating a succession plan that safeguards your hard work and keeps your business thriving. 🔗 Read more: https://lnkd.in/gdG9igE5 #BusinessPlanning #SuccessionPlan #BusinessContinuity #BusinessTips

Thinking of starting a business with a partner? Get on the same page with a Partnership Agreement. 📄🤝 A solid Partnership Agreement doesn’t just set up your business – it protects your relationship, defines responsibilities and prevents future disputes. Without one, misunderstandings can easily arise, leading to stress, delays and costly conflicts down the road. Imagine a business where roles are clear, decisions are straightforward and every partner’s interests are safeguarded. That’s the power of a well-drafted Partnership Agreement. It outlines everything from decision-making procedures to profit-sharing, so you and your partner can focus on building success together. Ready to protect your partnership? Speak to our team to ensure your Partnership Agreement covers all essential areas tailored to your business. Reach out today for a consultation. 🔗 Get the lowdown on Partnership Agreements here: https://lnkd.in/gt_c4N2n #BusinessPartners #PartnershipAgreement #BusinessTips #LegalProtection #PlanAhead

Cheers to a merry (and mindful) festive party season! Office parties are a perfect way to celebrate the year’s wins, help colleagues bond and relax as the holiday break approaches. But a few festive do's and don'ts can help ensure the night stays fun – and free from any legal headaches. Despite a work function being held off work premises and out of normal working hours, workplace laws still apply and an employer’s duty of care for its employees remains as if they were at work. Employers should: 🎉 Celebrate respectfully by planning an inclusive event for all 📃 Remind employees before the function that workplace policies and codes of conduct will apply (and ensure everyone has completed their training) ⏰ Set specific start and finishing times 🍽️ Ensure sufficient food, non-alcoholic drinks and water. Liaise with your function hosts to ensure responsible service of alcohol. 🚕 Provide access to safe transportation after the party Read more about liability and mitigating risk here: https://lnkd.in/gf2qtBKu #FestiveSeason #WorkplaceSafety #PartyResponsibly #EmployerResponsibilities #LegalTips

Starting a new company? Yes, it’s thrilling – but failing to prepare for the unexpected can lead to disputes, deadlocks and costly legal battles. When a new company is formed, setting up a shareholder’s agreement is a valuable contract. It ensures stability, transparency and smoother operations by addressing key ‘what if’ scenarios before problems arise. What should your agreement include?  → Who’s in charge? Define directors’ roles, decision-making powers and appointment processes.  → How are decisions made? Outline what requires a majority, special or unanimous vote.  → What happens to shares? Detail how shares can be bought, sold or transferred.  → How are disputes resolved? Establish clear procedures to tackle disagreements early.  → What’s the funding plan? Specify how the company will secure funds and the impact on ownership. 📑 Tailor your agreement to your business. By documenting expectations upfront, you’ll save time, money and stress later. 🔗 Read more about shareholder’s agreements here: https://lnkd.in/gACPyeQJ #CompanyLaw #StartUp #BusinessTips #Shareholders #CompanyDisputes

Essential compliance for digital signatures 🖊️✨ While digital signatures are now widely accepted in Australia, it's essential to use them correctly when exchanging contracts electronically. Key points to remember: 🔑 Signatures can be made digitally. 🔑 Ensure your process clearly identifies the person signing the document and shows their intention to agree to the contract. 🔑 Verify that your signing process is reliable for the document's purpose to avoid issues down the line. With these best practices, you can embrace efficient, paperless contract handling without sacrificing legal security. 🔗 Learn more about electronic signatures and compliance: https://lnkd.in/gVf5w3h2 #DigitalSignatures #LegalTips #BusinessContracts #EContracting #BusinessCompliance

As a business owner, protecting your intellectual property must be a top priority. Whether it's your brand, a unique invention or a creative work, IP represents the value of your ideas and hard work. 💡 Ready to learn how to safeguard it? Swipe to run through the essential types of IP and how you can protect your business assets. Save time, money and protect your hard-earned success today. #IP #IntellectualProperty #LegalAdvice #BusinessTips #Trademark #Copyright #Branding #Patents