March 30, 2022 · Mingqiang
Selling products or services overseas from Australia requires consideration of your company’s place of establishment, buyer identity and location, and trading terms. Target markets may bring additional regulatory, tax and intellectual property issues. Check whether returns and shipping policies suited to Australian customers also work for international customers.
March 24, 2022 · Mingqiang
Whether internship pay in Australia must meet minimum wage standards depends on whether an employment relationship exists. Unpaid internships should primarily benefit the intern through learning; businesses should also agree on the duration beforehand and meet health and safety obligations towards unpaid interns.
March 23, 2022 · Mingqiang
When standard-form contract terms are largely non-negotiable, watch for unilateral price changes, restrictions on termination and exclusions of liability for representations. A court must determine unfairness; a term found unfair is void from the outset, while the remaining terms stay valid and bind both parties.
March 22, 2022 · Mingqiang
Contract cheating services often attract students by offering “study support”. Providers face up to 2 years in prison or a fine of A$110,000. Although the law does not penalise students who use these services, institutional disciplinary policies still apply, and students who purchase and use them will also be investigated.
March 18, 2022 · Mingqiang
Employers commonly include restraint of trade clauses in employment agreements to address departing employees using clients or trade secrets to compete. Signing does not ensure court support: clauses must be reasonable and not harm the public interest, and their duration and geographical scope are also scrutinised.
March 17, 2022 · Mingqiang
After the NSW and Queensland floods beginning in February 2022, small businesses, non-profits, primary producers and some clubs can apply for grants or loans under their respective conditions. Home flood compensation depends on policy terms; retain records of damage and purchase receipts after flooding.
March 16, 2022 · Mingqiang
In Australia, family violence includes threats, financial control and social isolation as well as physical harm. Children may be affected even when violence is not directed at them. Once police intervene, the person subjected to violence no longer decides whether prosecution proceeds.
![[Real Case Study] Caution: Signing a Financial Agreement Does Not Guarantee It Will Be Enforceable](https://www.nslegal.com.au/wp-content/uploads/2023/09/case-study-property-agreement-invalidated.webp)
March 9, 2022 · Mingqiang
A financial agreement signed as required may still be set aside for duress or undue influence. The court considers whether both parties fully understood it and signed of their own free will. Even clearly unfair terms do not necessarily invalidate an agreement if both parties signed voluntarily and understood it.
March 8, 2022 · Mingqiang
If a friend or relative asks you to guarantee a loan, do not agree out of obligation alone. If the borrower fails to repay on time, you must meet the corresponding repayment obligations; overdue or unpaid debts enter your credit record. Understand your liability and their ability to repay before agreeing.
March 3, 2022 · Mingqiang
A home bought with your parents’ money may still enter the shared property pool on divorce. A financial agreement can specify ownership, while a parent–child loan agreement can establish that the purchase money must be repaid. Signing requirements and any increase in the property’s value also need consideration.
