Commercial

The Costs of Non-Compliance

Didn’t know your business proposal was covered by the Franchising Code of Conduct (the Code)? The penalties can be significant so check the Code first. The Code applies if: (a) a person (franchisor) grants to another person (the franchisee) the right to carry on the business of supplying services under a system or marketing plan …
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Dealing with bad blood in your small business – Part 2

Despite everyone’s best intentions, disputes commonly arise when one party feels like the other party is not contributing to the business equally, where one party’s personal circumstances change or where the parties have a different vision for the business. Try to negotiate a commercial solution If a dispute does arise, the parties should first consult …
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Dealing with bad blood in your small business – Part 1

Many of the clients we encounter in our practice are small businesses, started by friends or family.  Typically, the founders will set up a proprietary company in which they are each directors and shareholders.  Usually, each person brings a different asset or skill set to the business – time, capital or expertise.  In the beginning, …
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Tips for Leasing Disputes in the ACT

The Leases (Commercial and Retail) Act 2001 (ACT) (the Act) sets out some of the rights and responsibilities of tenants and lessors in relation to commercial and retail leases. The Act applies to almost all retail premises, to commercial premises less than 300m2 and to a number of other types of leases, including leases to …
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Assignment of Commercial and Retail Leases

When buying or selling a business, it is critical that the parties to the transaction consider any lease in place for the premises from which the business trades. In selling the business, the seller is not automatically absolved of liability to the lessor under the lease.  If the purchaser does not propose to continue to …
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