Need Body Corporate Management Advice? This Case Study Is A Must-Read

Written by rouse_admin on November 15, 2016

Body Corporate Management Case Study: The Most Expensive Balcony In Queensland?

The High Court has recently overturned a Queensland Court of Appeal decision to find in favour of a body corporate, which was fighting an owner’s attempt to use common property airspace to expand two balconies in his apartment.[i] The essential issue before the High Court was whether the body corporate had acted reasonably in refusing the owner’s request.

Always get advice from a reputable property lawyer if you face challenges with

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Can I keep my business if the franchisor goes bust?

Written by rouse_admin on October 26, 2016

When a franchisee chooses to enter to a franchise their decision will be largely based on the reputation and success of that system. Unfortunately, even the most reputable systems can fail and franchisees can be left questioning whether they can keep their business. This situation has recently been highlighted through the current appointment of administrators to Eagle Boys, but of course Eagle Boys may work through the administration.

When a franchisor becomes bankrupt or has liquidators appointed (aka ‘goes bust’), the

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How to minimise your risks as a franchisee

Written by rouse_admin on October 26, 2016

Entering into a Franchise Agreement is a long-term commitment, and making wrong decisions can affect your bank balance, health and your relationships.

Before you sign on the dotted line, here’s some important steps you can take to minimise your risk.

Don’t rush

It’s a good idea to think strongly about whether you want to run a franchised business. Remember that in a franchise, you must follow the rules laid down by the franchisor. These can be strict, and you might find yourself dealing

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Foreign Resident Withholding Tax – The Facts

Written by rouse_admin on October 10, 2016

Foreign Resident Withholding Tax – Practical Effects

The general thrust of the new foreign resident withholding tax regime is to require a purchaser to withhold 10% of the purchase price on acquisitions from foreign vendors of real property (real estate), or shares in a company that holds real estate.
However, the rules apply to all transactions involving real property and shares in companies, even if between two residents, unless steps are taken to fit within an exclusion.

Key elements of the new regime

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Franchisee? Here’s What You Need To Know Before Signing A Lease

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

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It’s that time of the year again – Disclosure Document updates

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

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Here’s What The 2016 Budget Means For You And Your Business.

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.


Business Taxes

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

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Have You Heard About Pending Changes To The Retail Shop Leases Act?

Written by rouse_admin on August 31, 2016
Shop Leases

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

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What Employers Need To Know About Unfair Dismissal

Written by rouse_admin on August 26, 2016
Unfair Dismissal

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

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Restraint of Trade – Employment Contracts

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

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