Business Law

Did you use the "out of office assistant" to notify people that you were away during the Christmas Break?  Ironically that automatic reply may be proof that you received an email that, you did not in fact receive.  Proof of receipt by the receiving system may be enough to show receipt by you.  We are governed by both the contracts we sign but also by contract law.  The contract does not stand by itself in a vacuum.   Contract Law affects all of our dealings with each other.  If you are entering into a contract of any kind you should see us first for a fixed fee quote.  Contact Riba Business Lawyers The problems that we can experience with email notices are an example. There are legal problems associated with using email to make contracts and futher problems are associated with issuing notices by email under a contract.  Those problems relate to
  1. whether an email notice is a valid written notice and,
  2. the timing of receipt by the intended recipient. Is the email received when it is received to, the server, the computer or when the recipient reads it?  Many contracts specify required time frames. If an email is used then it is essential that the time of receipt can be identified.

Riba Business Lawyers Most people think that businesses have to register a business name.  They are not correct.  You can always trade using your own name or your company name and it is not necessary to separately register a business name. Of course there are some rules that must be followed if you chose to do this. Firstly you must trade using your full name.  In the case of company this means using all of the name of the company and this includes the end part of that name.  For example a company called The Groovy Herb Pty Ltd must in all documentation signage etc. include the whole of that name which means writing "Pty Ltd" on everything.

Before explaining what a put and call option agreement is, we should firstly examine what a "contract" is.  In law a contract is formed when certain things happen. Two of the most important things that must happen is that there must be an offer by one party and an acceptance by the other.  Without this there is no contract.  There are other ingredients in a contract also such as:
  • intention to create a legal relationship
  • certainty of terms
  • consideration
For the purposes of this discussion the important two ingredients are:
  • offer and
  • acceptance
A put and call option agreement uses this basic contract law to ensure that a contract does not come into existence until some future time. This is a good example of how very old law can be used in innovative ways even today.

A new national business names registration system commences on 28 May 2012. The national register of business names will replace the existing state and territory registers. The new system will be administered by Australian Securities and Investments Commission (ASIC) Benefits of the new national register The national register will offer some advantages to Queensland business owners:
  • The national system eliminates the need for registration in more than one state.
  • The new system will allow for online registration and renewal. Online payment options will also be available.
  • Business name registration will happen simultaneously with the registration of an Australian Business Number.
  • There may be a reduction in fees in Queensland

Almost every commercial lease will provide that before a lease can be assigned, the consent of the landlord must be obtained.   If  you have commercial premises associated with your business there are some very good reasons to make sure that the assignment of the lease is properly handled. We recently acted for a commercial tenant.  This client came to us with a big problem, which had only become obvious to them a year after the date of the sale of their business. The commercial tenant had sold their business a year earlier and had assigned the lease of the business premises to the buyer.  Things did not go smoothly. The landlord set out the conditions upon which consent would be given.

Riba Business Lawyers For all businesses, it is inevitable that the time will come when there will be a ‘changing of the guard’. But what happens when this is unexpectedly forced upon us?

In the event that a director or key person was to suffer an unexpected departure  from the business due to death or disability, there are several important factors that  every business needs to consider.

For the purpose of this article we will assume ABC Pty Ltd has 3 directors, Allan, Bart,and Cindy, and director Allan has recently passed away unexpectedly.

Dealing firstly with whether it is possible to franchise your business.

If your business:

  • was only established in recent years,
  • has not been tested over time in a range of economic conditions,
  • is not a respected and recognizable brand in your local area,
  • does not utilize  operational documentation relating to the processes employed in that business,
  • is not strongly supported by employed managers who are fans of the business,
  • does not utilize a patent or other assets that other potential business owners would value and
  • does not produce a healthy profit after factoring in the franchisors anticipated administration and promotions costs

then you are probably not ready to franchise.

When a retailer purchases from a wholesaler or a manufacturer the retailer must ensure that they know the limitations of the goods purchased.  If the goods are faulty then the retailer may be liable to any subsequent buyer.

Whenever a retailer sells goods to a consumer there is a sale agreement and conditions are implied into that agreement.  Consumers may make use of these conditions to successfully claim against a retailer.

The stakes can be high!  If a product is not fit for a purpose it may cause damage and necessitate rectification works the cost of which may go well beyond the cost of the goods supplied.