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Employee or contractor? The answer isn’t always as straightforward as people think.Many businesses assume someone is aut...
01/06/2026

Employee or contractor? The answer isn’t always as straightforward as people think.

Many businesses assume someone is automatically a contractor because they have an ABN, specialist skills, or only work with the business occasionally.

But labels alone don’t determine the relationship.

Courts and regulators will generally look at the full working arrangement – including factors such as who controls the work, who bears the risk, how payment works, and whether there is an ongoing expectation of work.

Getting the distinction wrong can create more than administrative issues. Depending on the circumstances, it may affect obligations relating to tax, superannuation, leave entitlements and workplace laws.

Good business processes can help reduce uncertainty.

Clear agreements that accurately reflect how the relationship operates in practice, supported by proper documentation and record-keeping, can help businesses manage risk more effectively.

Read our article to learn more about the factors businesses should consider when determining whether a worker is an employee or an independent contractor. Link in comments.

Your expert witness can make or break your case.In litigation, expert evidence is often central to the outcome. But not ...
27/05/2026

Your expert witness can make or break your case.

In litigation, expert evidence is often central to the outcome. But not all “experts” carry the same weight – and courts are quick to disregard evidence that lacks independence or proper expertise.

An expert’s duty is to assist the court, not advocate for the party who engaged them. When that line is crossed, their evidence can lose credibility entirely.

In one case, a tribunal rejected an expert’s report where it was found to be biased, poorly prepared and outside the expert’s true area of expertise. The result? Their evidence was given little to no weight.

The practical takeaway is straightforward. Choosing an expert isn’t just about qualifications – it’s about objectivity, relevance of experience and the quality of their analysis.

If expert evidence is part of your dispute, selecting the right expert early can significantly influence both strategy and outcome.

Signing a lease isn’t always the first step.In many commercial property deals, parties enter into an Agreement to Lease ...
20/05/2026

Signing a lease isn’t always the first step.

In many commercial property deals, parties enter into an Agreement to Lease before the formal lease begins. This usually happens where key steps still need to be completed – like construction works, fit outs or obtaining approvals.

An Agreement to Lease sets out what needs to happen before the tenant can take possession, and creates a binding commitment for both parties to proceed once those conditions are met.

For landlords, it provides certainty before investing time and money into preparing the premises. For tenants, it helps ensure the space will be ready and suitable before rent starts.

But the detail matters. Timeframes, responsibility for works, required consents and “sunset dates” can all significantly affect how the arrangement plays out in practice.

If these issues aren’t clearly addressed upfront, delays and disputes can follow.

Before signing, it’s worth making sure the agreement reflects the commercial reality of the deal – not just the intended end result.

Been served with a statement of claim? What you do next matters.A statement of claim is the start of formal legal procee...
18/05/2026

Been served with a statement of claim? What you do next matters.

A statement of claim is the start of formal legal proceedings. If you ignore it or respond incorrectly, the consequences can escalate quickly – including default judgment against your business.

Before reacting, take a step back and check your records. Does the claim match what you understand about the situation? Errors do happen, and it’s important to verify the details early.

From there, your options will depend on your position. You might request more information, pay the amount claimed, negotiate a repayment arrangement, or file a defence if you dispute the claim. Each path carries different risks and procedural steps.

Timing is critical. In most cases, you’ll have 28 days to respond. Missing that window can significantly limit your options.

The key is to act early and with clarity. A considered response can help you resolve the issue efficiently and avoid unnecessary escalation.

Winning your case doesn’t always mean getting paid.If you’ve obtained a judgment in your favour, you’re now a judgment c...
13/05/2026

Winning your case doesn’t always mean getting paid.

If you’ve obtained a judgment in your favour, you’re now a judgment creditor. But if the debtor still doesn’t pay, enforcement is a separate process – and it requires a strategic approach.

There are several options available. You might examine the debtor to understand their financial position, seek a garnishee order to access wages or bank funds, or pursue enforcement through seizure of assets. In more serious cases, bankruptcy or winding up proceedings may be considered.

Each option comes with different costs, risks and practical outcomes.

Before taking action, it’s important to assess whether the debtor actually has the means to pay. Enforcement can add to the debt owed – but if there are no recoverable assets, it may not be commercially worthwhile.

The key is to approach enforcement with clarity, not just momentum.

Not all agreements are contracts – here’s why.In Australia, a contract doesn’t need to be in writing – even a verbal agr...
11/05/2026

Not all agreements are contracts – here’s why.

In Australia, a contract doesn’t need to be in writing – even a verbal agreement can be binding. But for a contract to hold up, it must meet four key elements: offer, acceptance, consideration and intention to create legal relations.

If any of these are missing, you may not have an enforceable contract at all.

Even where those elements are present, issues like misrepresentation, duress or lack of capacity can still render a contract void or unenforceable.

And if a dispute arises, getting it wrong can be costly. For example, terminating a contract for “breach” without proper grounds may put you in breach instead.

The takeaway is simple: just because something feels like an agreement doesn’t mean it’s legally sound.

A clear, well-drafted contract reduces uncertainty, manages risk and gives you a stronger position if things don’t go to plan.

The first year of business often moves quickly – and legal decisions can fall down the priority list.But early shortcuts...
07/05/2026

The first year of business often moves quickly – and legal decisions can fall down the priority list.

But early shortcuts can create long-term risk that’s far more expensive to fix later.

Here are five common legal mistakes we see founders make in year one – and what to watch for.

Exclusion clauses are standard in commercial contracts – but they don’t offer unlimited protection.These clauses are des...
05/05/2026

Exclusion clauses are standard in commercial contracts – but they don’t offer unlimited protection.

These clauses are designed to manage risk. They may exclude certain rights, limit liability, or set conditions before a claim can be made.

But their effectiveness depends on how they’re drafted. Courts interpret exclusion clauses strictly, looking at the wording in the context of the contract as a whole. If a clause is unclear or too broad, it may not be enforced.

There are also statutory limits. For example, you generally can’t contract out of consumer guarantees under the Australian Consumer Law, and unfair terms in standard form contracts can be set aside.

The takeaway is simple: broader isn’t always better.

A well-drafted clause should be clear, targeted and aligned with the actual risks in your agreement.

Most shareholder disputes don’t start with a major disagreement. They start with a lack of clear rules.A shareholder agr...
28/04/2026

Most shareholder disputes don’t start with a major disagreement. They start with a lack of clear rules.

A shareholder agreement sets out the rights and obligations of each owner, along with processes for handling disputes, deadlocks and share transfers. Without one, even successful businesses can end up in costly and disruptive conflicts.

A Federal Court dispute between co-owners of the Grill’d restaurant chain is a well-known example of how quickly relationships between founders can deteriorate once disagreements arise.

While every company must adopt a constitution, it usually won’t deal with many of the personal rights and protections shareholders expect.

A well-drafted shareholder agreement can fill those gaps and provide clear processes for managing issues before they escalate. Read our article for full details – link in comments.

If a contract refers to another document, make sure that document is actually attached.It’s not uncommon for agreements ...
23/04/2026

If a contract refers to another document, make sure that document is actually attached.

It’s not uncommon for agreements to reference additional policies, schedules or supporting documents. Sometimes this is done to keep the main agreement shorter or simpler.

But if those documents aren’t attached, problems can arise.

A key risk is that the terms in the separate document may not be legally incorporated into the agreement – particularly if they weren’t clearly brought to the other party’s attention. This can be especially important where those terms are unusual or onerous.

In some cases, the issue can go even further. Missing documents may create uncertainty about the actual terms of the agreement, and for certain contracts (such as property transactions) failing to attach required documents can have serious consequences.

The practical takeaway: if your agreement relies on another document, attach it. Learn more in our article – link in comments.

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