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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.

It is quite common for Franchise Agreements to contain clauses which have a significant effect on the way in which the sale contract should be drafted.  If  a contract for the sale of a Franchised business is signed without first reading the Franchise Agreement and checking any requirements, then it may be difficult to unravel the resulting mess. There is a lengthy list of things that need to be checked.  If  steps are not taken to ensure compliance, then it is likely that any sale contract will be in conflict with the Franchise Agreement.  This problem can be difficult to resolve because the sale contract may oblige the seller to do one thing and the Franchise Agreement may prohibit the doing of that same thing.

Going to court is expensive.  It is so expensive that many commercially minded people would rather pay someone money that is not owed, or walk away from money that is owing, just to avoid legal costs. While some business people take this practical approach, others want to stand up for the principle of the matter.  Having principles can however be very expensive. It is true that because legal costs are high, even a win may feel like a loss.  Legal costs are sometime higher than the value of the dispute. Lawyers have a saying that "costs follow the event".  In other words, normally the winner of legal proceedings will receive an order that their costs should be paid, by the losing party.  We mention some exceptions below. Here we should pause to think about what this means:

There is no such thing as a standard Franchise Agreement.  However there are certain things that all Franchisors will try to control using their agreement.  This need for the Franchisor to maintain control gives all Franchise Agreements a common flavour. There is sometimes a misconception that the Franchise Agreement is designed to protect both Franchisor and Franchisee.   There is however little contained in a Franchise Agreement which is designed to protect a Franchisee and this is often a source of disappointment to the Franchisee once the documents are reviewed.  Franchisees do however enjoy significant protection given at common law, from legislation such as the Franchising Code.

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.