Commercial Law Blog

If you're looking for legal answers to business law-related issues, then browse and comment on the short blog entries below.

If there's a business law-related topic that isn't covered, but that you think should be, then email us your question.

The authors of this blog are lawyers of Holley Nethercote Commercial Lawyers Melbourne

  • Could you be an Expert Witness?

    1 February 2012
    Professionals are often required to write reports as experts or give evidence in court. Does this interest you? If so, read on to learn what’s involved…

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  • Protect your brand by registering a trade mark

    3 January 2012
    A trade mark is a right granted for a word or phrase that distinguishes the goods and services of one trader from another. This could be a word, slogan, picture, shape, colour, sound, scent or aspect of packaging. It could also be any combination of these.

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  • Carbon pricing, the ACCC and you

    5 December 2011
    From 1 July 2012, the carbon price will come into effect. You may want to raise your prices around this time to help counter increased costs your business will experience as a result of the carbon price.

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  • New warranty requirements for goods and services sold in Australia in new year

    2 November 2011
    As of 1 January 2012, products and services with warranties need to comply with Regulation 90 of the Australian Consumer Law or they cannot be legally sold in the country, risking a fine of up to A$50,000.

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  • True value of financial services business only realised following compliance review

    21 October 2011
    When buying or selling a financial services business, its real value can only be fully realised once a licensee compliance review has been undertaken. According to Holley Nethercote solicitor, Naomi Fink, this is because the parties involved may not understand the subtleties inherent in holding an AFSL or ACL licence.

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  • Directors’ duties and financial statements

    5 September 2011
    Much has been written about the implications of the decision in the “Centro case” – that is, the recent Federal Court decision of ASIC v Healey.

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  • Discretionary bonuses – how much discretion have you got?

    4 August 2011
    Imagine that you’ve employed someone for about five years, and that in your employment agreement with them, you’ve allowed for a discretionary annual performance bonus.

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  • Forced to be Civil – new changes to litigation in Victoria

    15 November 2010
    Has it ever crossed your mind that lawyers enjoy the sound of their own voices, spend too much time fighting, not enough time compromising, and that there far too many cases heading to court that could be solved through negotiation over a bottle of red and a box of chocolates? If you answered yes to any or all of the above you will be pleased with the new reforms that have passed parliament this year.

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  • Whistleblowers

    30 November 2009
    A whistleblower is an individual who discloses illegal activities which are either occurring within or perpetrated by an organisation with which they are associated (most commonly as an employee). Whistleblowers have proven to be a key resource for detecting corporate and financial services misconduct. This article outlines the protections that whistleblowers receive from reprisal or liability as a result of disclosing information about corporate misconduct. It also explains some deficiencies that have been highlighted relating to the current regime, and changes that have been proposed by the Federal Government in their October 2009 options paper relating to whistleblowers.

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  • Tips & Traps When Entering Into a Retail Lease

    30 September 2009
    For many businesses, owning their own business premises is not an option. So if your business is one which has to lease premises to conduct its business, in all likelihood you will have entered into a retail lease. If the lease is coming up for renewal, or you are looking to enter into a new lease either at the same premises or elsewhere, there will be many questions and issues to address. What documents should you receive? What should you look out for? What expenses are you obligated to pay? And so on.

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