Category: Commercial

Employment matters – we like to understand your business

Employment law affects all businesses with employees. Employment relationships can be complex and the rights and responsibilities are ever-evolving. An employment law “health check” is worth the investment to ensure your business is compliant with legal obligations whilst protecting your business’ interests for the future. At Cohen Legal, we pride ourselves in providing our clients […]

Partnership Disputes over Intellectual Property

When a business owned by two or more partners dissolves, disputes over how to divide intellectual property (IP) ownership rights between partners often arise, particularly when the partnership agreement does not provide any recourse or there is no partnership agreement at all. Two partners set up a business. Both had great plans for their new […]

Shareholders Agreement

The purpose of a shareholders agreement is to govern shareholders of a company, their business relationship and arrangements, both during and after the relationship. Shareholders agreements are not mandatory. However, it’s important to set out the rights and obligations of shareholders in a binding agreement so that disputes amongst shareholders are minimised. As no two […]

Three things to keep an eye on in any agreement you make

Agreements are a part of every business. While most agreements are formed without a hitch, the consequences of simple mistakes can cause major headaches and be costly for your business. Here are some issues to think about and potentially avoid some very big problems.  Agreements can be legally binding despite being extremely informal A common […]

Is your business’ intellectual property adequately protected?

Intellectual property rights, also known as IP rights, provide owners with the time and opportunity to commercialise their creations.  Your business name, logo, trade secrets, and any creative processes and inventions all fall within the gamut of IP.  Your IP is what will differentiate your business from another. So, is it adequately protected from copycats […]

Choosing Your Business Structure

When starting your business, it’s important to consider the right structure for it. Your choice of structure will depend on many factors, including the size and type of business, your personal circumstances and business goals.  There are four main types of business structures in Australia: Sole trader Company Partnership Trust. Each structure provides different: Tax […]

Fair Work Commission – Annual Award Increases

Following its annual review, the Fair Work Commission recently announced a 1.75% increase to minimum wages.  In previous years, wage increases applied from the first full pay period starting on or after 1 July. Having considered the significant impact caused by the pandemic in some industries, the Commission has opted to stagger the wage increases […]

Litigation – What is it?

Litigation is the area of law when things get a bit hairy – you or your business are in a dispute about contractual breaches, unpaid monies and other issues. Essentially, you’re heading into a legal fight and it’s stressful and complicated. You need a legal partner to help you navigate the legal vortex. Seek help […]

A Code of Conduct for Commercial Tenancies

The Queensland government has finally introduced regulations under the Covid-19 Emergency Response Act 2020 giving effect to the National Cabinet Mandatory Code of Conduct for commercial leases. A lease is considered to be an affected lease if: it is a retail shop lease or a lease for carrying on the business of the tenant; it […]

New Ruling: What Constitutes a Casual Worker

The Federal Court of Australia handed down a new ruling yesterday in WorkPac v Rossato redefining what constitutes a casual employee. Effectively, your regular rostered casual workers may not be casual workers at all and may be entitled to certain leave entitlements. The Federal Government has indicated that it is open to legislative amendments to […]