RKL’s areas of expertise include:
- Commercial Leasing
- Negotiation and Preparation of Commercial Agreements
- Franchising Arrangements
- Corporate Insolvency
- Terms and Conditions of Trade
- Competition and Consumer Law
- Technology and Intellectual Property
- Building and Development
Published in Corporate & Commercial on 20th Apr 2016
Accessing Preferential Tariffs Only those goods which “originate” in either China or Australia will be able to qualify for preferential tariff treatment under the ChAFTA. Goods will be considered “originating” if: they are wholly obtained or produced from wholly obtained goods in China or Australia; or they are produced entirely in China or Australia from materials classified as ‘originating’; or they are produced in China or Australia using inputs from other countries which meet the Product Specific Rules. Wholly obtained goods typically include goods that are sourced directly from natural resources including live plant and animal products, minerals and naturally o...
Published in Corporate & Commercial on 13th Apr 2016
Is the Foreign Company ‘Carrying on Business’? Foreign companies that do not meet the ‘carrying on business’ threshold in section 21(2) of the Act may not need to register. It is therefore necessary to consider the specific nature of your intended Australian business activities. At common law, courts have interpreted the threshold as a ‘systematic and regular carrying on of business with a view to profit.’ Foreign companies that merely seek to invest funds, collect debts or hold property will generally not be required to register. Registration If a foreign company is deemed to be ‘carrying on business,’ it is required to register with ASIC in the prosc...
Published in Corporate & Commercial on 10th Aug 2015
Can a binding agreement be created over email? In the recent decision of Stellard Pty Ltd v North Queensland Fuel Pty Ltd, The Supreme Court of Queensland held that a binding contract of sale existed where parties had communicated via email and intended to later enter into a written agreement. Stellard Pty Ltd v North Queensland Fuel Pty Ltd North Queensland Fuel (NQF) and Stellard negotiated via email for the purchase of a petrol station. Stellard sent an email to NQF containing the terms of their purchase offer. Notably, a follow up email from Stellard stated “this offer is of course subject to contract” and “[we] need acceptance of our offer immediately so we are in a pos...
Published in Corporate & Commercial on 26th Sep 2011
Background Luxottica Retail Australia Pty Ltd (“Luxottica”) owns subsidiaries such as OPSM and Budget Eyewear and deals in eye-wear and eye-care. Luxottica, and its subsidiaries, promoted the sale of frames for glasses at a discount on the condition that the customers purchase the lenses that fit the frames at full price. Under the Act the supply of lenses is considered a GST-free supply while the supply of a frame is considered a taxable supply. A dispute arose as to the correct application of GST on the promotion. The inherent circularity of section 9-80 Section 9-80 of the Act contains the equation used to determine the GST payable on mixed-supplies; that is supplies that contai...
Published in Commercial Agreements on 21st Nov 2021
What constitutes a small business? The legislation defines a small business as a business that employs less than 20 employees. The definition includes all full-time, part-time and even casual employees if they are engaged on a regular basis. What is a standard form contract? Several factors need to be taken into account in determining if a contract is standard form. Generally, standard form contracts are those which contain standardised and non-negotiated terms, are prepared by one party prior to entering into the transaction and are offered on a ‘take it or leave it’ basis. Contracts will be presumed to be standard form unless a party proves otherwise. Examples of comm...
Published in Competition and Consumer Law on 26th Mar 2012
Background Mercland Investment Group (“Mercland”) entered into a Contract of Sale with Duncalm Pty Ltd (“Duncalm”) for the purchase of a parcel of land comprising a petrol station and a variety of fast-food outlets (“the Service Centre”). Before its sale Duncalm engaged engineers to advise on the design of the car parks and driveways. Not all the specifications stipulated in the designs were followed. In fact, inferior materials and construction methods were used to cut down on costs. This made the pavements more susceptible to damage and caused the concrete to break upon pressure. The decision to construct the car parks and driveways in this way rendered them unsuitable for...
Subcategories
Commercial Agreements
We are experienced in the drafting of:
- Sale of Business Contracts
- Commercial Leases
- Supplier Agreements
- Equipment Rental Agreements
- Shareholder Agreements
- Loan Agreements and Mortgages
- Trust Deeds and Variations
- Tenders
- Joint Venture Agreements
- Franchise and Licensing Agreements
Competition and Consumer Law
RKL advises on the following aspects of competition and consumer law:
- ACCC investigations
- Commercial disputes
- Consumer protection
- Misleading and deceptive conduct under the Australian Consumer Law
- Restraints of trade
- Unconscionable conduct
- Undue influence
- Unfair contracts
For more information on how Rudstein Kron Lawyers can assist you with Competition and Consumer Law please contact us, request an appointment with one of our staff or give us a call on {addressdetail telephone}.
Corporate Insolvency
RKL provides timely and commercially-minded advice regarding:
- Administrations, receiverships and liquidations
- Advice regarding rights and obligations
- Applications to wind up companies
- ASIC enquiries
- Bankruptcy Applications
- Claims against directors
- Recovering debts
- Creditor's Statutory Demands
- Insolvency litigation
- Securities
- Voidable preferences
- Disputes between lenders and borrowers
- Voluntary administrations
For more information on how Rudstein Kron Lawyers can assist you with Bankruptcy & Insolvency Matters please contact us, request an appointment with one of our staff or give us a call on {addressdetail telephone}.
Employment and Workplace advice
RKL advises employers and employees in relation to some aspects of employment and occupational health and safety laws:
- Recruitment
- Review, preparation and advice on employment and contractor agreements
- Discrimination and equal opportunity advice and disputes under the Equal Opportunity Act 1995 (Vic)
- Workplace bullying and harassment
- Confidential information and intellectual property
- Workplace training and policies and procedures
- Defamation in the workplace
- Occupational Health and Safety
- Restraint of trade
- Unfair dismissal
- Risk management
- Advice and representation in WorkSafe investigations and prosecutions
Franchising
RKL assists clients with the following franchising issues:
- Franchising Code Compliance
- Franchise Agreements, Disclosure Documents and ancillary documentation
- Sales and purchases of franchised businesses
- Trade Practices Law compliance
- Capital fundraising
For more information on how Rudstein Kron Lawyers can assist you with Franchising Law please contact us, request an appointment with one of our staff or give us a call on {addressdetail telephone}.
Migration
RKL assists clients who are considering migrating to Australia. We have the legal expertise and in-depth understanding of the complexities of the Australian migration laws and procedures.
Our key areas of expertise are:
- Employer sponsored visas
- Skilled and business visas
- Visitor visas
- Student visas
- Family visas
Zelma Rudstein is a registered migration agent and as such adheres to the Migration Agents Registration Authority's Code of Conduct.
Technology and Intellectual Property
RKL can assist you with the following intellectual property law matters and related disputes:
- Assignments and licensing
- Commercialisation of intellectual property
- Confidentiality and non-disclosure agreements
- Copyright
- Designs
- Mediation and litigation
- Moral rights
- Trade marks
- Passing off
- Patents
- Performers’ rights
For more information on how Rudstein Kron Lawyers can assist you with any of the above please contact us, request an appointment with one of our staff or give us a call on {addressdetail telephone}.
Terms and Conditions of Trade
For more information on how Rudstein Kron Lawyers can assist you with Trade Practices Law please contact us, request an appointment with one of our staff or give us a call on {addressdetail telephone}.