The High Court of Australia issued 2 decisions in February 2022 addressing this very question. The decisions provide greater clarity to businesses in how to hire an independent contractor correctly. Business owners need to urgently review their independent contractor contracts they have in place to ensure they are comprehensive and meet the requirements established…

  Welcome back to part 2 of our unfair preference claims series, and arguably the most important part, you’re going to want to bookmark this one for future reference!   Defences to Unfair Preference Claims   There are three (3) main defences to an unfair preference claim:   The good faith defence; The running account/continuous…

    Unfortunately, some Australian businesses have not survived post pandemic, or have continued trading under questionable circumstances. These events will have a domino effect on creditors, whereby the dreaded preferential claim, needs to be carefully considered.   What is an unfair preference claim?   An unfair preference claim, pursuant to section 588FA[1] of the Corporations Act…

  It is no surprise that the multiple lockdowns and restrictions imposed by governments due to COVID-19 has caused serious financial strain on many Australian businesses. Although we can now see the light at the end of the tunnel, some businesses are yet to recover and/or are struggling to re-establish their cash flow to keep…

Mediation is a process that can assist your business in addressing disputes that emerge in your day-to-day operations. This can be anything from disputes with employees to disputes with builders, suppliers or subcontractors.   Common disputes Disputes with employees is common in any business and can be about a wide range of issues from: Wage…

  From 23 November 2021, employers will be required to apply the compounding approach when calculating the pay of their casual employees who work overtime. This means that the casual loading rate of 25% will apply to their ordinary hourly rate before the application of the relevant penalty rate. Therefore, the employer is required to…

    Constructive Legal Solutions (CLS) is pleased to announce that on the 4th of August 2021, after lengthy negotiations, the ETU Enterprise Agreement (EA) template for the period 2021-2025 was signed off by the ETU industry bargaining representatives and NECA Victoria, on behalf of NECA Members.   This was a historic moment with both sides…

    Being paid on time is an essential part of running your business as a contractor. Positive cash flow allows for you to grow your business and more importantly react to challenges such as the restrictions that come out of the COVID-19 lockdowns. Each state and territory has its own laws around security of…

    You have built a good reputation for your business and have strong relationships with ongoing customers. However, you may have that one customer who has issued a negative review against you on social media, or is bad mouthing your business to others. You are concerned that this and any future reviews, will impact…

    If you run a business, chances are you have experienced a difficult customer who refuses to pay you for your services for a variety of reasons. Your aim would be to recover this debt in a timely manner with as little cost as possible. As such, you want to avoid jumping to litigation…

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