Sale or Purchase of Business

Hoping to buy or sell a private health practice? Look no further.

By Lewis Holdway / December 11, 2017 / Comments Off on Hoping to buy or sell a private health practice? Look no further.

Having worked with a number of purchasers and vendors of health practices, we’re familiar with the ins and outs of how these transactions work. Whether you’re involved in or looking to be involved in a dentist, physiotherapy or general practice medical clinic, there are certain things you need to look out for. Are you buying…

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ipso facto insolvency reforms

Ipso Facto Insolvency Law Reforms – What They Mean For Your Business

By Lewis Holdway / December 11, 2017 /

The ipso facto reforms, which are expected to come into effect on 1 January 2018, are likely to have a substantial impact on the way in which businesses manage their insolvency risk. Insolvency risk is the risk that the party you are transacting with goes insolvent and is unable to pay the debts that are…

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Australian Consumer Law Review

Australian Consumer Law Review

By Daniel Van Leuverden / December 6, 2017 /

By Caroline James Consumer Affairs Australia New Zealand (CAANZ) has recently undertaken a comprehensive review of the Australian Consumer Law (ACL), a law that forms part of the Competition and Consumer Act 2010 (Cth) and aims to provide vital protections to consumers. Currently, a person is taken to have acquired goods as a consumer if:…

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Verification of Identity (VOI) in Dealings on Property

By Daniel Van Leuverden / December 6, 2017 /

By Jessie Luu It is a noteworthy reminder that VOI is a mandatory requirement under sections 27AB(1) and 106A(1) of the Transfer of Land Act 1958 (Vic) for the Registrar of Title to register any dealings on property.  VOI is required for all parties in dealings on property. So, this will include: caveators and other interest…

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unfair contract terms

The ACCC Initiates its First Case for Breach of Unfair Contract Terms

By Daniel Van Leuverden / November 22, 2017 /

By Caroline James In November 2016, the Competition and Consumer Act 2010 (Cth) was amended to extend the prohibitions against ‘unfair contract terms’ to small businesses. We have written a number of articles on this topic which can be found here. In September 2017, the Australian Competition and Consumer Commission (ACCC) initiated its first case…

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Verification of Identity

Get(ting) Qualified – for multiple breaches of the Australian Consumer Law

By Daniel Van Leuverden / September 27, 2017 /

By Su-Ann Loh On 23 June 2017, Justice Beach of the Federal Court of Australia found the company Get Qualified Australia Pty Ltd (In Liq) liable for multiple breaches of the Australian Consumer Law (“ACL”). His Honour’s lengthy 102-page judgment makes for interesting reading because of his detailed analysis of the marketing strategies and business…

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slow paying debtors

Slow Paying Debtors: A tail from the horse’s mouth

By Lewis Holdway / September 4, 2017 /

Read about how one veterinary clinic got their debtors under control with the help of Kearley Lewis.

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Preparing your Business for Growth - Free Seminar

Free “Preparing Your Business for Growth” Seminar!

By Lewis Holdway / August 31, 2017 /

We know that managing a business involves a lot to ensure that you’re on the right track for sustainable business growth. Come along to a free information session brought to you by Bendigo Bank in conjunction with Lewis Holdway Lawyers to learn about positioning your business for growth to avoid the unexpected pitfalls that could cost…

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Payroll that just doesn’t pay: Accountants targeted for accessorial liability in underpayment claims

By Daniel Van Leuverden / June 7, 2017 /

By Adam Foster In the recent case of FWO -v- Blue Impression Pty Ltd & Ors [2017] FCCA 810, the Federal Circuit Court recently held an accounting firm liable as an accessory to an employer’s underpayment of wages and breach of the Fair Work Act 2009 (Cth) (“Act”). In 2014, the Fair Work Ombudsman (“FWO“)…

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unfair dismissal small business code employment lawyer melbourne

Small Business Code No Defence for Unfair Dismissal

By Lewis Holdway / March 23, 2017 /

In the recent decision of Brewer -v- On the Spot Dry Cleaners, one employer learnt the hard way when it was found that they had not followed the Unfair Fair Dismissal Small Business Code. The Fair Work Commission has reminded employers that they must get the termination process right, even when using the Small Business…

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