Cohen Legal Blog

Defamation, Civil and Criminal: The limits of what you can say.

We’re generally free to say what we want, but there are limitations to free speech that cover a wide range of issues important to society. Defamation laws protect people and organisations from abuses of free speech. What is it? Defamation is a civil action allowing parties to seek compensation for damages against a person’s reputation […]

Website Terms and Conditions

Perhaps one positive spin to Covid-19 restrictions lead you to extend your business to the online world.  You have spent countless hours perfecting your website layout for your business. You are almost ready to launch. Before you do, you do a bit of online research to make sure you’ve covered everything a website needs and […]

Pay increase for group 2 workers – do your employees fall under group 2?

The Fair Work Commission announced in June a 1.75% increase to minimum wages as part of its annual review. Due to the significant impacts of the pandemic in some industries, the start date of the wage increase was staggered in 3 different groups. Group 1 had a wage increase in 1 July 2020. These included […]

What You Need to Know When Buying or Selling a Business

When negotiating the terms of sale or purchase of a business what will need to be considered will vary depending on the type of business involved.  However, there are some general considerations that you need to take into account for most businesses:  Terms of the contract  Some of the important things that should be dealt […]

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 […]

Super and annual leave – topic of the day

Whether superannuation guarantee (SG) had to be paid in respect of annual leave loading was a confused issue. In early 2019,  the ATO clarified its position by confirming that annual leave loading will be ordinary time earnings (OTE) unless there is written evidence clarifying the reason for the loading and that it is referrable to […]

Navigating Employment Law for Small Businesses

All businesses in Australia, whether you operate as a sole trader or company, must comply with the minimum entitlements under employment legislation and regulations. Many businesses must also comply with specific requirements associated with its industry. Failure to adhere to employment laws can result in investigations and fines.  But did you know that there are […]