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
Written by rouse_admin on July 4, 2016
Structures For Property Development
The choice of structures adopted for any property development project often has a key bearing on the tax implications and commercial viability of that particular project. Capital gains tax (CGT) is an important consideration for investment property or development projects in Australia, as is the relationship between property development and company tax rates.
In this article we consider structure options for:
1. landowners that have held land for investment (e.g. farm, lifestyle property or family home) now suitable for
Written by rouse_admin on July 4, 2016
Estate Planning: How To Pass On Your Success Without Distress
No one likes to think about life coming to an end, but if you’ve worked hard and reaped the rewards of your efforts, you’ll want to pass the fruits of your success to loved ones – without distress. Estate planning and making a legally binding will are just some of the ways to ensure your family is looked after and your assets are not left in limbo.
Failing to plan for your
Written by rouse_admin on July 3, 2016
Licensing Your Intellectual Property
If you have created intellectual property (IP), knowledge about correct licensing practices is crucial to prevent other people from copying your ideas unlawfully.
By licensing your intellectual property to someone else, in accordance with intellectual property law in Australia, you can control how they use your ideas.
Categories of IP licence
There are three categories of IP licence. These determine who can use your intellectual property and how it can be used:
• a sole licence
• an exclusive licence
• a non-exclusive
Written by rouse_admin on June 9, 2016
1. Put it in Writing.
We can’t say this enough. Put every deal in writing.
Why is this ‘effortless’? Think of the alternative. If everyone made sure their agreements (and any variations) were clear and in writing, our litigation team would be out of business.
Call us cynical, but handshake deals are a thing of the past. With constant access to technology like smart phones, there’s no reason not to make sure there’s a record of the deal that has been struck.
Written by rouse_admin on May 9, 2016
Crooks, watch out! From 12 November 2016, there will be some important new amendments to the Australian Consumer Law and the ASIC Act.
These amendments will expand consumer protections to business owners. Starting in November, small businesses will be protected against ‘unfair’ provisions in contracts.
When Will the New Rules Apply?
There’s a few exceptions, but essentially, the amendments will apply where:
the contract is for the supply of goods or services, or the sale or grant of an interest in land;
at least one