Fodera Legal

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Melbourne, VIC
Fodera Legal

Business Law

04/09/2024

Business temporarily closed but can refer work to trusted sources.

25/01/2023

Our office will remain open tomorrow on Australia Day out of respect for our First Nations clients and friends.

09/07/2020

Sorry we’ve been silent on socials lately. We’ve been busy reviewing various retail and commercial lease arrangements and renegotiating them to help our clients weather this storm. Call us for a no obligation and confidential discussion. We’re here to help.

13/05/2020

I am often consulted regarding rights and obligations under a contract. As a general rule a contract does not need to be in writing to be enforceable but it makes it easier and far less expensive to prove and enforce.
For a contract to be legally binding it must contain four essential elements:
* an offer
* an acceptance
* an intention to create a legal relationship
* a consideration (usually money).
If it lacks any of the above the contract is not legally binding. It may also be considered invalid (& unenforceable) if it:
* entices someone to commit a crime, or is illegal
* is entered into by someone that lacks capacity, such as a minor or bankrupt
* was agreed through misleading or deceptive conduct, duress, unconscionable conduct or undue influence.
With 25 years of contract law experience we can negotiate and draft almost any contract and help you decipher your rights and obligations under existing arrangements.

16/04/2020

COVID-19 LEASING UPDATE
The National Cabinet Code of Conduct was released on 7 April to impose a set of good faith leasing principles upon landlords and tenants to aid cash flow management for both during the Covid-19 pandemic. Once enacted, the Code will apply to commercial tenancies (including retail & industrial) where the tenant is eligible & has signed up to the Jobkeeper Program.
I have had many clients ask so I’ll clarify up front that YOUR LEASE REMAINS BINDING so please don’t do anything to breach the terms of your lease!!
The mandatory principles require a landlord and tenant to negotiate the terms and conditions of their lease during the Covid-19 pandemic and for a reasonable period after.
Essentially, a landlord must not terminate a lease due to unpaid rent and tenants must remain committed to the terms of their lease subject to amendments agreed under the Code. A landlord must offer a tenant a proportionate rent reduction by waiver and deferral up to 100% based on the reduction in the tenants trade. Rental waivers must be not less than 50% of the total waiver or deferral agreed but tenants may waive this requirement. Payment of rent deferrals must be amortised over the balance of the lease term post the Covid-19 pandemic period ending (to be defined by government) and a period of not less than 24 months, whichever is greater, unless otherwise agreed. There are also requirements for landlords to share proportionately any cost savings to them in the form of land tax, loan payments etc... as well as other requirements like a freeze on rent increases.
As you can see the basis of this Code is for landlords and tenants to negotiate mutually acceptable arrangements that are tailored to each in an open, honest and transparent way. And for landlords and tenants that can’t agree disputes can be referred in Victoria to the Small Business Commission. We can help you conduct and document such negotiations. Be proactive. It could help save your business or investment.

10/04/2020

Employers have obligations to ensure they provide a safe place for their employees to work and to ensure that contractors and members of the public are not put at risk from the conduct of their business. This obviously includes managing the risk of exposure to and spread of the Coronavirus in the workplace. Employers should make sure they act fairly and on the basis of the most current medical information and that they and their employees do not target or treat adversely any demographic in the workplace.

07/04/2020

The rapidly changing situation with the COVID-19 pandemic means many employers are trying to reduce their labour costs to survive this unprecedented time. Some options for employers here are:

1. Asking employees to take their accrued paid leave.
2. Implementing stand downs pursuant to s524 of the Fair Work Act 2009 (Cth). This is not a deferment but a pause during the stand down in the obligation to pay wages.
3. Implementing genuine redundancies.

At Fodera Legal we understand this complex area of employment law. If you need to have a confidential discussion please contact us.

18/03/2020

Welcome to Fodera Legal! A Melbourne based law firm opening its doors on Monday 23 March 2020. As principal, my focus is to provide legal services to individuals and small to medium businesses in the areas of business and employment law as well as most aspects of entertainment law. With more than 20 years experience my goal is to provide timely, cost effective advice and to be as accessible as possible because I know when you need a lawyer, it’s usually time critical! Keep an eye on socials (Instagram, Facebook, LinkedIn) where you will receive regular, relevant insights and updates - the first will go live on Monday week and is aimed at helping you navigate some of the issues driven by the COVID-19 pandemic.

Address

Hope Street, Glen Iris
Melbourne, VIC
3146

Telephone

+61423500778

Website

http://www.foderalegal.com/

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