News & Insights.

Non-lawyers and lawyers alike can take advantage of the phrase “without prejudice” and the protection it offers when making a genuine attempt to settle a dispute. Using the phrase “without prejudice” clearly indicates…

In Stewart v Atco Controls Pty Ltd (in liq) [2014] HCA 15, the Court affirmed the position in Re Universal Distributing Co Ltd (in liq) (1933) 48 CLR 171 (Universal), that a liquidator’s lien…

Chamberlains Law Firm is pleased to announce that we are a finalist in the 2016 Australasian Law Awards in the State/Regional Firm of the Year category. We are proud to be representing Canberra…

On 7 October 2015, the High Court of Australia released a decision in relation to the gene commonly known as the “breast cancer gene”. In D’Arcy v Myriad Genetics Inc. [2014] FCAFC 115, the High…

Your will is an important document that, if drafted effectively, distributes your assets in accordance with your wishes. In addition to regularly reviewing your will every 3 to 5 years, there are certain…

This article covers workers who are employed by the Commonwealth or by a Commonwealth authority (except any military personnel). Canberra has one of the highest employment figures in the public sector in Australia….

When preparing a Will, it is important to consider what actually passes in accordance with your Will. It is not uncommon to see a Will where a testator has attempted to gift assets…

Current laws Australia’s corporate insolvency laws have typically been swayed in favour of protecting investors and vulnerable shareholders, placing the weight of duties on company directors. Director’s responsibilities were designed to create business…

The legal structure of your business will affect how the business is taxed, how your assets are protected, and the cost of operating your business. It is important to understand what your business…

To put it colloquially, in the bankruptcy context, preference payments are payments made by a bankrupt debtor in favour of an unsecured creditor at the expense of other ordinary creditors of a bankrupt…

A 2014 decision from the Federal Court is a timely reminder to register security interests on time. In this case, the creditor (the Applicant) advanced $250,000 to the debtor (the Respondent). A security…

It is common for employment contracts to include restraint of trade clauses. These clauses typically attempt to restrain current and former employees from engaging in business which would damage the employer’s business interests….

Two recent decisions in the Full Court of the Federal Court have provided some clarity to the issue of price fixing between selling agents and principals who may be in competition with each…

A statutory demand is the first actionable step against a company taken by a creditor who has sought to recover a debt and is now looking to establish the insolvency of a debtor….

Australia made history in the late 70s as one of the first developed countries to abolish death duties on deceased estates. Since then there has officially been no death duties in Australia. This…

It is difficult for a director to not be intimidated by the process of a public examination. An examination is initiated by summons from the court, leading to scrutiny by an often fervent…

3D printing is touted as the next big revolution in the manufacturing industry. With the cost of 3D printers coming down remarkably low, there has been a huge rise in popularity and availability…

A commercial lease will be daunting for any party that has not entered into one before. A typical lease agreement can be up to 50 pages covering many topics including rent, outgoings, repair…

Part 1: What is a Public Examination? A public examination is a process where an examiner, more often than not a liquidator or trustee in bankruptcy, however from time to time ASIC or…

Business owners can run into difficulties when operating from leased premises, such as: Disputes with your landlord over rent increases, repairs, extensions; or A landlord can prevent you selling your business by refusing…

What is Copyright? Copyright is one of the main intellectual property protections in Australia and is the most common and appropriate form of protection available for literary, musical and artistic work. It is…

The potential upside of voluntary administration in light of a recent surge in ATO wind-ups is outlined in this article on Creditor Watch by Stipe Vuleta – Managing Director and Practice Leader of Dispute Resolution,…

The government has announced a series of initiatives to lower tax and compliance costs as part of their efforts to make running a business easier.

When running a business it is important to build a culture where employees feel their boss puts staff needs ahead of those of management. According to a recent study, companies with this style…

Having a succession plan in place for your companies will help you manage leadership transitions smoothly and is an essential part of running a business.

Research by Robert Half has found that almost two thirds of Chief Information Officers (CIOs) are turning to technology recruitment to feed the demand of new projects. In turn, Chief Financial Officers (CFOs) are allocating…

Finessing communication skills and seeking custom legal advice can help start-ups develop a quality pitch for venture capitalists.

The recent April 2015 CommSec ‘State of the States’ quarterly report noted that the ACT ranks sixth in Australia in terms of its economy, however the state’s economic growth and output levels were 15.2 per…

A central concern during succession planning in family businesses is whether adult children should be admitted into a self-managed super fund (SMSF). It is understandably a complex decision-making process, given that it impacts both…

Millennials or Gen-Yers currently make up a large proportion of the workforce, with numbers expected to increase over the next few years. As individuals born between 1980 and 1995, millennials have a different set…

In the Australian Capital Territory, businesses must comply with the Work Health and Safety Act 2011. The definitions of ‘workplace’ and ‘worker’ are broad.

In the current competitive global market, speed and innovation are the cogs for success. These tips can help your business succeed and steam ahead.

The Australian government’s Competition Policy Review, also known as the Harper Review, released its final report on March 31. A key purpose of this review was to identify which regulations are restricting competition…

Contractual loan agreements are the best way to legally bind the repayment of money. However, individuals often forgo drafting legal documents in situations when they are sourcing funding from family members, or using…

When considering a change to your business structure, consulting with expert commercial lawyers can help develop a plan best suited for the ongoing needs of your business. The following FAQs offer some guidance on the…

Increasing productivity in your workforce has wider reaching benefits on profit margins, employee engagement and company culture.

Business directors facing insolvency should be aware of these legal considerations. They include their duties, compensating creditors and managing bankruptcy.

Family businesses can often struggle in a globally competitive market. The Harvard Business Review published in its January 2012 issue that approximately 70 per cent of American family-owned businesses fail before the second generation…

On March 12, work to update and change the Privacy Act 1988 commenced. The Office of the Australian Information Commissioner (OAIC) has made it their mission over the previous year to work with businesses,…

Business growth and profitability begins by starting strong. Seeking sound legal advice early can help prolong the success of a business.

Entrepreneurs from all walks of life begin their journey with a bright idea. Establishing a start-up takes courage and commitment, but no business strategy is complete without seeking legal advice. The process can…

Five years after plans to form a Small Business Ombudsman were announced during the 2010 federal election, the government has released its draft legislation this month on March 11. Titled the Australian Small Business and…

World Intellectual Property Day falls next month on April 26, and to celebrate we are sharing some tips on how to protect your business using trade marks. If you are a start-up, you…

To sell your business quickly and smoothly, and for the highest possible price requires between 12 to 24 months of effort and planning to make the business “sale ready”. Listed below are some…

In the recent decision of In2Ply Pty Ltd v Amerind Pty Ltd (in liq) (recs and mgrs apptd) [2014] VSC 603 the Victorian Supreme Court set aside a creditor’s statutory demand because the…

As a business grows, they will need to take steps to protect their intellectual property (IP). However, with so many different facets to this legal area it is equally important to ensure that…

Start-ups will often find it harder to take on new staff members, especially when cash flow is tight and finding qualified workers is difficult. As a result, many smaller companies will consider implementing…

Succession planning is an area every company will need to undertake, especially for small businesses where every member of staff is taking on a number of different roles and responsibilities. However, succession planning…

Many business owners will reach a point where they have put in a lot of hard work into their business and have established their organisation within a given sector. At this point, owners…

When your business has begun to grow, one of the most important steps for companies to take is to start hiring staff. For most businesses, their staff are the biggest investment, which makes…

For most Australian businesses enterprise bargaining is unwarranted because the Fair Work Act 2009 has removed the benefits of bargaining, imposes significant costs on those who bargain, and made bargaining an inferior option…

In the past it has been difficult for a supplier to recover a product that, once delivered to the buyer, has been mixed in with other similar or identical products. Goods of this…

A major risk factor in instituting legal proceedings, for any claimant, is the risk of unrecovered legal fees.  Unfortunately the cogs of the law tend to grind slowly and expensively and often even the…

On 28 October, the Federal Government announced it would provide a $1 billion concession loan to the ACT Government for its Loose Fill Asbestos Insulation Eradication Scheme. The 10 year loan is subject…

When you sell a business that’s run from leased premises, you need to be aware that your landlord has a say in whether the sale goes through or not. Once you have a…

Relationships between businesses are often based on two documents: the credit application and the terms of trade agreement. The information set out in these documents will affect how you will be able to…

In the 3rd and final part of this series we discuss the strategies available to reduce the risk of triggering undesirable tax consequences and ensure the flexible entry and exit of people involved. Governing…

In this 3 part series we discuss the issues you need to consider when starting your IT business including: 1. Choosing the best business structure for your business 2. Issuing Equity 3.The strategies you…

Your will is the full stop at the end of your life. It’s the document that expresses your wishes, acknowledges key relationships and can demonstrate a life of purpose and commitment to important…

Photo by Salvatore Vuono Changes in technology, a global economy and new business paradigms that encourage open innovation and community collaboration are seeing us move away from a focus on control to capturing…

Family businesses are a significant and wealthy sector in the Australian economy, accounting for around 70% of all Australian businesses with an average turnover of $12 million per year. For many, the idea…

  Money or the lack thereof is often a reason start-ups will take shortcuts when it comes to their legal affairs. Start-Ups put their businesses at risk by trying to cut costs by…