Butlers Business Lawyers

14/02/2022

In a recent judgement, the High Court of Australia confirmed the centrality of the written contract when deciding whether a worker is an employee or a contractor.

The Primacy of Employment Contracts Last week, the High Court of Australia heard the final appeal to Jamsek v ZG Operations Australia Pty Ltd FCAFC 119. In this case, two truck drivers claimed that they were employees rather than contractors, and sought unpaid employment entitlements. The Full Court...

20/01/2022

Recent amendments have been made to legislation intending to protect tenants. Read more in our latest blog:

What Should Impacted Lessees Know about their Protection? The New South Wales government first enacted the Retail and Other Commercial Leases (COVID-19) Regulation 2021 (the Regulation) on 14 July 2021 with the intention to provide protections for tenants impacted by the pandemic and any associated....

21/12/2021

Franchisors must adhere to certain disclosure obligations for leasing and occupancy arrangements with franchisees. Learn more in our latest blog:

Things to Know about Leasing in Franchises Changes to the Franchising Code of Conduct in July 2021 have completely transformed franchisors’ disclosure obligations. One area where disclosure obligations have increased are leasing arrangements. Franchisors must provide certain documents and details ...

20/12/2021

The team at Butlers Business Lawyers wishes you a very happy and safe holiday season!

16/12/2021

As franchising becomes increasingly common in Australia, separating franchisees from their competitors is a clear commercial priority.

Franchising and Trade Marks Trade marks are important for all businesses looking to create brand recognition. However, for franchises, trade marks are crucial to the business model, as brand recognition creates a sense of familiarity and trust across locations. As franchising becomes increasingly co...

02/12/2021

Shareholders agreements can be used to clarify rights and obligations of shareholders, and ensure effective corporate governance.

Top Tips for Shareholders Agreements A shareholders agreement is a binding agreement among shareholders which covers important information such as who can be a shareholder, who can serve on the board of directors, the value of shares, and entry and exit of shareholders. While there is no legal requi...

25/11/2021

ASIC now requires that company directors advise of their resignation, and ensure that their resignation does not leave the company without any directors.

Changes to Director Resignation Laws: Notifying ASIC In a continued effort to prevent illegal phoenixing in Australia, the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth). In addition to a number of initiatives discussed at length in this blog, ASIC now requires that company di...

18/11/2021

Using electronic signatures in deeds requires unique considerations. These vary depending on whether the signatory is an individual or corporation. Learn more in our latest blog:

Using Electronic Signatures in Deeds Deeds are a unique type of document, where a solemn and binding promise or commitment is made that one or more parties to the deed will do something. Deeds create binding obligations on one or more parties without the need for consideration to be made, differing....

21/10/2021

Directors will soon be required to obtain a Director Identification Number. To learn more about this new program, read our latest blog:

What to Know about Director Identification Numbers The Australian Business Registry Services (ABRS) is part of a new ‘Modernising Business Registers’ program being rolled out by the Australian Taxation Office. One of the principal features of this program is the requirement for Director Identifi...

14/10/2021

The Australian Government has proposed new franchise disclosure register regulations to promote competition and fair trading in franchising. Learn more in our latest blog:

The Franchise Disclosure Register: A Proposed Amendment to the Franchising Code of Conduct Due to the significance of franchising to the Australian economy, the Australian Government has proposed new regulations to promote competition and fair trading. The Competition and Consumer (Industry Codes .....

07/10/2021

Illegal phoenix activity can be hard to recognise, but it can have negative impacts on creditors. Learn more in our latest blog:

Avoiding Illegal Phoenix Activity Illegal phoenix activity is the act of transferring a failed company’s assets to another company. As the second company does not maintain any obligations to the failed company’s creditors, the failed company may be able to avoid paying any outstanding debts, tax...