Written by rouse_admin on September 29, 2016
What You Need To Know About Signing A Lease
A lease is a legally binding agreement to pay specific fees for a set term. Just like franchise agreements, are governed by the Franchising Code of Conduct (Code), leases have their own guidelines.
In Queensland, businesses that are retail in nature and/or situated in a retail shopping centre are subject to the Retail Shop Leases Act 1994 (RSLA). There is similar legislation in other states and territories.
Before signing a lease, there are some
Written by rouse_admin on September 29, 2016
Well, it’s that time of year again! If you’re a franchisor, it’s time to update your disclosure documents. You’ll need to have finished this within 4 months of the end of your financial year. This includes preparation of financial reports for the financial year. For franchisors whose financial year ends on 30 June, you have until 31 October to finalise your reports and disclosure documents.
Updating your documents is an important part of running a franchise system and is mandatory under
Written by rouse_admin on September 28, 2016
2016 Budget Pointers
The passing of each federal budget is of interest to those of us that practice in the tax structuring sphere. We will be keenly conscious of changes that may impact upon strategies that have been used previously and looking for opportunities for the implementation of new strategies.
Small business entity turnover threshold increase
1 July 2016
** Threshold will be increased from $2m to $10m for small business income tax concessions, with the exception of the small business CGT concessions
Written by rouse_admin on August 31, 2016
How Will Pending Changes To The Retail Shop Leases Act Affect Your Business?
In November 2016 some important changes to the Retail Shop Leases Act 1994 (Qld) (the Act) will take effect, impacting on both tenants and landlords.
When is a retail lease legally entered into?
According to commercial law in Australia, a retail lease is legally considered ‘entered into’ on the earlier of two important dates: the date the lease becomes binding on the parties, or when the tenant takes possession of
Written by rouse_admin on August 26, 2016
Employer Tips: How To Minimise Or Prevent Unfair Dismissal Claims
In 2015, the Fair Work Commission reported close to 15,000 applications were lodged for unfair dismissal.
There are a number of simple steps we find are often overlooked by employers that can minimise or prevent unfair dismissal claims.
1. Clear pre-employment communication
From the outset, employers need to be clear about what is expected from their employees. Coherent and unambiguous employment agreements are vital. In conjunction with an employment agreement, any relevant policies and
Written by rouse_admin on August 7, 2016
Restraint of trade clauses in employment contracts are critical to protecting legitimate business interests of an employer after an employee is terminated.
For many businesses, the enforceability of a restraint of trade clause in an employment contract is extremely significant, particularly where an employee moves to a competitor or starts their own business. Restraint of trade clauses are enforceable to the extent that the restraint is reasonably necessary to protect the legitimate business interests of the employer, and this is assessed
Written by rouse_admin on August 3, 2016
What Does Without Prejudice Communication Mean?
There may be no other legal phrase that is more misunderstood and abused, by bush and city lawyers alike, than the phrase “without prejudice”. Even where parties are not actively resolving a dispute, it is not unusual to see emails or letters emblazoned with the words “without prejudice”, usually in all-caps, perhaps even underlined and in bold for good measure.
Some common misconceptions about the phrase “without prejudice” include:
1. The phrase must be written in capitals
Written by rouse_admin on August 1, 2016
For Franchisors: What Are My HR Responsibilities To Franchisee Employees In Australia?
The employee underpayment scandal and subsequent investigation by the Fair Work Ombudsman into retail convenience chain 7-Eleven has prompted the franchise industry to scrutinise the responsibilities franchisors owe to franchisee employees in Australia.
Are franchisors responsible for the actions of franchisees?
Under the Franchising Code of Conduct and under the typical franchise agreement, franchisors are not responsible for the actions of franchisees towards their employees. Franchisors and franchisees are legally and
Written by rouse_admin on July 29, 2016
Is The Pen Mightier Than The Pixel? Electronic Signatures vs Traditional Paper
Ever wondered why checkboxes are so popular online? From ordering pizza to signing up to Spotify, we’re constantly asked to “agree to the terms and conditions”. Heck, one day, you’ll probably check a box to get married! We may not always think of these little boxes as electronic signatures, but they in fact operate in the same way as traditional paper contracts. Do you ever consider the risks and
Written by rouse_admin on July 26, 2016
Australian Sellers Beware! 3 Things You Need To Know About The New Withholding Tax Regime
From 1 July 2016, new legislation requires Australian residents selling real estate and other assets with a market value of $2million or more to obtain a clearance certificate from the ATO by settlement. The aim of the new withholding tax regime is to protect the integrity of the foreign resident capital gains tax regime, by ensuring that foreign sellers do not escape their liability to pay