Rouse Lawyers

-The Law Firm For Business Owners and Entrepreneurs-

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Why Businesses Can’t Be Too Casual About Their Casual Employees

There has been quite a bit happening with regards to casual employees of late that businesses should take stock and review all casual employment arrangements they currently have in place.

Whilst casual employees are not entitled to annual leave under the National Employment Standards (NES) in the Fair Work Act 2009 (Cth) (FW Act), the recent Full Federal Court decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131 (the Skene decision) has looked closely at when an employee is really a casual for the purposes of the NES and therefore entitled to annual leave. We recommend that all businesses now take stock and do the same, considering whether their casual employees really are casual employees. ...

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Is Your Franchise Agreement Unfair?

Australia has numerous industry codes and laws governing franchising. Industry codes are sets of enforceable rules and measures regulating the conduct of that industry. Franchising is regulated by the Franchising Code of Conduct (Code), together with the Australian Consumer Law (ACL). ...

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Key Changes to Insolvency Event Clauses

A recent Federal Government regime commencing on 1 July 2018 may affect the operation of insolvency clauses in contracts entered into on and from 1 July 2018.  The types of clauses that may be impacted are clauses allowing a party to terminate or change the operation of a contract if another party to that contract becomes insolvent.  ...

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Company Rollover – A Last Resort Option

In the evolution of a business, there may come a time when it is necessary to restructure into a company. Often,  non-tax factors will trigger this: government regulations, a need to attract equity investment, corporatisation leading to a potential buyout, or a need to fund working capital.

On the surface, a company rollover appears the ideal option – no CGT is triggered on the restructure, and the same tax attributes, including cost base, are maintained. ...

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Is A Company The Most Suitable Structure in The Current Tax Environment?

When starting a business or contemplating a significant investment, the first consideration is which entity should be used for the ownership of that business/investment.

Traditionally, a common structure for private businesses was a discretionary trust. In the current tax environment, we find a standard recommendation of many advisers (in some cases, to all clients) is a company owned by a discretionary trust. ...

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Get Your Disclosure Documents Ready…. or Pay the Price

 

Your Disclosure Documents need to be updated by:

Forget to update your disclosure documents at your peril.

Franchisors must update their disclosure documents within 4 months of the end of their financial year. That means that most franchisors who operate on a standard financial year ending on 30 June must finalise their update by 31 October.

The annual update is an important part of running a franchise system and is mandatory under the Franchising Code of Conduct. It should never be overlooked lightly. ...

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Should Your Franchise Agreement be Negotiable?

"Take it or leave it" is the traditional response given to a prospective franchisee asking to negotiate a franchise agreement. Whilst franchisors may sometimes agree to special conditions such as reduced fees or other concessions while the franchisee establishes their customer base, franchisors generally don't negotiate the key provisions of a franchise agreement. ...

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What is in a Disclosure Document?

If you are considering buying a franchise, the disclosure document is a key part of the process that aims to ensure prospective franchisees can make an informed business decision.

Under the Franchising Code of Conduct, all franchise systems in Australia must maintain a disclosure document, which must be provided to prospective franchisees at least 14 days before entering into a franchise agreement. ...

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