Posts by nathan-creativeserumcom
Insolvency – Recognising It
In Brief A company is insolvent if it is unable to pay its debts as and when they fall due, having regard to current and expected cash flow assessed having regard to the nature of the business and the balance sheet of the company.
Read MoreInsolvency – Dealing with It
In Brief Insolvency is a serious issue, because company directors have a strict duty to prevent insolvent trading under section 588G of the Corporations Act.
Read MoreCompany Officers – Whats Involved
In Brief The officers of a company are responsible for setting strategy, ensuring compliance with laws, and monitoring management.
Read MoreCompany Officers – Decision Making and Compliance
In Brief The Business Judgement Rule provides a level of protection to officers to ensure that they are not penalised for taking reasonable business risks but does not absolve officers from the need for them to be financially literate and engaged and aware of what is going on in the business
Read MoreRetail and Business Tenancies – Special Rules
In Brief This legislation was put in place to provide certainty of terms of retail tenancy agreements and protection for tenants operating in retail settings. The legislation applies to all kinds of agreements that grant occupancy rights to a tenant where the premises is of a type caught by the legislation (not just leases).
Read MoreAgreements for Lease
In Brief Where the parties are not ready to enter into a lease for some reason (such as that the premises are under construction or the Landlord must carry out works to make the premises ready for occupation by the tenant), an Agreement for Lease may be desirable (or essential) to protect the interests of…
Read MoreCommercial Leases
Leases are usually necessarily long documents intended to govern a medium to long term relationship, and all provisions are important, but there are some provisions that can really trip up landlords and tenants if they aren’t well drafted and both parties have a firm understanding of how they operate.
Read MoreLease Or Licence
In Brief Pay attention to the most appropriate form of tenure – is it a lease (exclusive possession by the occupier), or a licence (appropriate for shared spaces/pop ups in common areas/some short-term occupancies).
Read MoreRetail and Business Tenancies – Obligations of Landlord and Tenant
In Brief Retail Tenancies Legislation applies to tenancy agreements whether the agreement is a lease or a licence. There are a number of obligations that must be adhered to before the parties have reached agreement on the terms of the lease and the tenant has moved in.
Read MoreBusiness Insurance – Back to Basics
In Brief It is important for all businesses, however small, to carry insurances appropriate to its particular risks and to review those insurances as the business grows or changes. Types of cover relevant to businesses in general include public liability, professional indemnity, directors and officers and workcover, and may include special risks for the particular…
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