Below are details of all publicly archived questions & answers for the "Legal Issues" category. Wherever possible, Questions & Answers for the public archive are chosen for their broad appeal to a wide range of viewers.
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Should a commission have been paid?
Recently I decided to resign as the area distributor for a range of products. While the agreement that I signed required 1 month written notice, I ...More |
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Which business structure to use
I am currently operating my business as a sole trader but I am wondering whether that is the correct structure for my business. Will I be better off ...More |
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Giving an employee the option to resign
I own a discount retail store and one of my staff members told me that another shop assistant was stealing items from the store. The shop assistant ...More |
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Refunds versus exchanges
I own a small boutique and have only been in business a few months. Now that Christmas is over, I'm getting customers bringing back items, ...More |
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Who is liable for customer property?
Small signwriting business operating as partnership from commercial premises. One particular service is signwriting vehicles which are delivered & ...More |
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Reproduction of images out of copyright
I am researching a business of heritage greeting cards. Are there reproduction limitations to images that are no longer in copyright? Can I use a ...More |
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Impact of new privacy legislation
I am concerned how the new privacy legislation will impact on the marketing of my business. Currently we have a database of names collected from ...More |
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What are the legalities of subcontracting?
In order to grow our business we are currently looking at using subcontractors in our industrial refrigeration business. The person we are looking at ...More |
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How to recover debts after "final notice" has been ignored
We have supplied goods (clothing) to two lots of clients in the retail Ski shop area (we have signed orders). Eight months down the track we still ...More |
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Conditions of sale contracts
I would like to know where I could source a standard copy of "Conditions of sale" or "Terms and conditions" document related to protecting my ...More |
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Fee for completing tax returns
I would like to know if it is legal for me to charge to complete individuals and business' tax returns as I am not a tax agent and also do BAS ...More |
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Partnership problems
I am an equal partner in a two person company. The business has been in operation for two years. My business partner has been controlling all ...More |
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Partnerships & agreements
My wife and I recently (12 mths ago) purchased a property in a tourist-orientated coastal town with another couple. We have since renovated the ...More |
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Labelling products
I am planning to start a home-based business, creating a salt body scrub (cosmetic). I would like to know what are the legal labelling requirements, ...More |
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Legal ramifications of audit service
Until recently I was employed by the Australian Taxation Officer as a GST Compliance Officer. My role was to advise and audit business' ...More |
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Should I close down the company?
I had been in a partnership for around 5 years, running a business that I had commenced 8 years ago. I ceased the partnership 2 years ago and paid ...More |
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Labelling requirements
I am starting up a home-based business designing/making accessories for the high-end fashion market. Accessories include handbags, scarfs, wraps, ...More |
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Blackban of suppliers
Is it legal for a competitor to blackban suppliers who wish to supply a new company?...More |
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Where to go for import information?
I started an import/export buiness a few weeks ago and my suppliers and contacts are mainly in Germany. However, I am finding it hard to get answers ...More |
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Legalities of sub-contracting
I have started up a one-person writing company for marketing materials in corporate industry. I now require to sub contract some writing work, due to ...More |
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Is this a partnership?
Approximately 2 years ago I approached a close friend about my interest in designing and developing for manufacture specialised chefs equipment that ...More |
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Director/shareholder disputes
My husband & I set up a Pty Ltd company 7 years ago. We put in one third of the funds and an overseas family member put in one third (to be ...More |
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Protecting intellectual property
How can I protect my logo design from being used by someone else until I am able to pay to register it? Also, how do I protect my business name if I ...More |
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Business structure
I am in the process of researching a business opportunity and deciding on the best business structure to use. I know sole proprietorship is available ...More |
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Licence requirements for finance broker
As I've been a loan originator for the past 12 months, I know people who want to invest and I also happen to know people whom wish to borrow. ...More |
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Applying for a patent
I currently have an idea for a small business with a new invention. I would like to know how I should go about protecting this invention until I can ...More |
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Contract agreements for agents
I am currently securing interstate fashion agents to sell my product on behalf of my company. I am offering each agent a commision based structure - ...More |
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Legal requirements for company structure
I have my own Pty Ltd company and just need to know what kind of legal requirements I need to fulfill. Are there any compulsory things that I will ...More |
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Legal requirements for a partnership
We are thinking of becoming a third partner in a retail business. The two existing partners own the property, so it would simply be a third share in ...More |
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Registering a business name overseas & interstate
We would like to know where to go and how to go about registering our business name overseas & interstate so no one else can use it....More |
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Cleaning contracts
I was just wondering if you knew anything about cleaning contracts. I am trying to find out about them as I am interested in buying one. The company ...More |
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Protecting my ideas
My marketing business creates brand new product concepts with the objective to sell (through a personal sales presentation) these new product ideas ...More |
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Franchisor sale
I am a video store franchisee. Franchisor recently advised all franchisees at last meeting that he is selling to a larger franchise operation (say ...More |
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Sole trader vs company
When is it better to become a company instead of staying a sole trader? I have been a sole trader for 6 years. What are the tax, superannuation and ...More |
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Copyright issue
I am currently planning to publish a book of consumer retail coupons. However, there is already product called the Entertainment Book. Whilst I ...More |
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Explanation of legal terms
I have been conducting a general store business (food, papers, milk, drinks, groceries etc) for two years. Recently a distributor of a product has ...More |
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Starting up as a subcontractor
My husband now works as a contractor for a major company. He has an ABN and is registered for GST, he has his contractor's licence, applied for ...More |
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Legal & financial responsibility of a business
I misguidedly assisted family members to purchase a going concern. It was to be for 6 months only then they would refinance the loan and have all ...More |
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Not for profit and profit registration
I have a business idea which requires research. Research funding is available for not-for profit organisations in the business area. Therefore I ...More |
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Company name vs business name usage
Currently my husband is a sole trader with a natural therapies business which has a registered business name (in the format "XYZ Centre"). He plans ...More |
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What are a debt collector 's rights and responsibilities?
We have been sent a letter from a debt collector for invoices that we dispute. The debt collector is saying that they will post a default notice on ...More |
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Franchises
Hi,
I am starting up a Juice Bar in Cairns, along the same lines as a big Oz franchise and need to know some legal matters regarding the name. I ...More |
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Catalogue advertising regulations
I have a mail order business and I am considering offering other businesses advertising space in the printed catalogue which I distribute four times ...More |
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Choosing a business name
I want to start my own business. I have an idea but I need more information on who I should contact if I want to use a famous movie character or ...More |
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Obtaining teaching qualifications
I would like to find out what qualifications are required or recognised in order to allow a person to teach as well as practise beauty therapy and/or ...More |
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Renting issues
I have a situation where my rent was $3200 per month but a few months ago the landlord increased the rent to $5800 per month, stating GST and ...More |
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MLM regultory advice sought
I have been approached by the management of a US Based MLM organisation to establish the feasibility of their concept being allowed to operate in ...More |
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Preparing a patent
I was just enquiring about working towards getting a patent for a project that I am currently working on. At the moment it is still in the design ...More |
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Recovering debt
I run an education centre that provides private tuition. Customers call our business and we arrange tutors to provide tuition to them. We do not ask ...More |
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Shutting down a company
My husband is in the process of shutting down the family business, which is a Pty Limited Company. Can you please advise as to what steps to take or ...More |
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Web site libel
I am a photographer based in South Australia. I had become the subject of vilification on a surfing Web site after I did a trip to a "secret" surf ...More |
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Wife as partner
What are the advantages and disadvantages of having the wife as a partner of my company?...More |
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Board meetings and etiquette
We are a small family business of five members operating since 1996. Our business has two main activities one of which is run by one family member. ...More |
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Adding a partner
I have been a sole trader for approximately eight months and my business has been growing steadily to the point where I need to have a partner to ...More |
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Legal requirements for holiday rental
We have a fully self-contained flat at the back of our property and wish to rent it out as a fully serviced apartment for weekends and holidays. ...More |
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Software development idea
A colleague of mine has prototyped a new piece of software for the banking sector. He 's now at the stage of seeking advice on what to do next ...More |
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Customs/freight broker requirements
I've read your start-up guide overview on Freight Broker. It's interesting to me since I'm looking at the import/export start-up guide I ...More |
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Dismissing an employee
One of my employees has been using the work computer to surf all the porn web sites. I have discussed with her previously the use of office equipment ...More |
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E-mail law vs etiquette
I am wondering whether there is a law relating to how to deal with misdirected e-mails. Many people use the notations at the end of e-mails saying ...More |
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Importing electronic goods into Australia
I am running a small business and going to import some computer accessories (hard disk, ADSL modem, game controller and other electronic devices) ...More |
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Royalties for new product
We have a new product that we would like to present to a manufacturer to produce. It is a new type of shovelling tool which has received patent ...More |
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Registering or acquiring a company
I am planning to start up an IT consultancy company. I have been an independent IT consultant in UK, but not in Australia. I migrated here 2 years ...More |
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Under age children as partners in business
I want to start a business for my children. Two of them are over 18. Can I, and if so how can I, include my other 3 children who are under 18 on the ...More |
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Who is liable for Workers Compensation Insurance?
My wife is a sole trader. She contracts to the pharmaceutical industry working in clinical research, basically supplying her labour. She works both ...More |
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Using overseas contractors
If you wish to hire contractors, who are citizens of a foreign country, to perform certain tasks for you in their own country, even though you are ...More |
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Do I need insurance?
My friend & I have manufactured our own Chai Tea from our own secret recipe and have started marketing it and have already sold a few batches to ...More |
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What to do about bad partner
I am 21 years old and last August I went into a partnership with my cousin’s wife. She had and still has no money so came to me with the idea of a ...More |
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Exporting a vehicle
I am going to send a van overseas. Apart from the duties and taxes in the importing country, are there any taxes or fees I have to pay here, and can ...More |
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Licensing rights for personalised books
I am investigating the personalised children’s book market and I would like advice on what organisations etc. I should approach to investigate ...More |
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Multiple business names - one ABN?
I am currently in the process of starting my own web design business. I will be registering a business name and applying for an ABN soon. My ...More |
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Partnership pregnancy and leave entitlements
I am in a partnership designing clothes and selling them through markets and to stores. We have been in business for about 1.5 years and we have no ...More |
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Pet medicine store licence
I am planning to set up an online store selling medicines for pets (cats, dogs etc). Do I need a special licence? Do I have to be a vet to do that? ...More |
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Protection from business failure.
I plan to create a business with a (non family) partner. We both have individual strengths which will benefit the company; however I have ...More |
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Sole distribution contracts
I have the opportunity to become the Australian distributor for an overseas textile/clothing company. This company is very successful throughout its ...More |
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Standard letter outlining terms & conditions
I am trying to find some form of standard letter that will outline terms and conditions of credit terms that can be changed to suit our company ...More |
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Superannuation payments to contractors
Recently, I started up my own business to help other business harness the power of web technologies. It does this by helping them build, maintain and ...More |
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Venture capital fraud
Earlier this year I went outside Australia to look for Venture Capital for the rebirth of my company, after being forced to appoint an administrator ...More |
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Lease conflict
My bakery business is very close to a cafe and I have just put in a cappuccino machine to go with all the other goodies I sell. My lease has run out ...More |
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Business registration requirements
If I was to open a beauty salon, what are the business registration requirements? What legal advice is required as well as record keeping ...More |
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Business structures
I am currently looking at buying into an existing industrial products business that is turning over around 2 million per year. Currently this ...More |
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Business registration & public liability
I want to know if I have to register my business if I already have an ABN. Do I need to do anything else? Also I wanted to know how to go about ...More |
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Can I register a song title as business name?
I have registered as a business name a song title by the rock group Queen. I have been told that I might have to get permission to use this name. Is ...More |
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Charging a cancellation fee
I was hired to paint arrows and mark drains in an open-air carpark for which a Purchase Order was supplied and for which I was prepaid. The job ...More |
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Consumer law
My husband and I are starting our business which is going to be repairs and maintenance to buildings (private and commercial) and will also include ...More |
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Customer threatening legal action
I run a very small wedding photography and video business. The matter is that a customer paid $950 for our video service and is seeking a refund ...More |
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Existing lease issues
I purchased a childcare centre two years ago and the existing lease was re-assigned. A new lease has recently been drawn up in my name with a few ...More |
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Industrial Relations Commission action
An ex employee of mine is taking my company to the Australian Industrial Commission with regards to an unfair dismissal claim. He was under probation ...More |
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Copyright on cartoon characters
I would like to know if you could advise me on copyright laws. I am just about to start a business making toy boxes and would like to use characters ...More |
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Licence requirements
I am looking to start a business recovering unclaimed monies on behalf of others. I would like to know if any licences are required to perform this ...More |
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Licencing for outsourcing financial management
What sort of licence would be necessary for us to run a business which out sources financial management of small businesses?...More |
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Licensing a trademarked logo for a new product
I am looking at several product opportunities, each in markets where there are no established brands. I believe there is an opportunity to licence ...More |
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Licensing agreement
I am interesting in securing the Australian and New Zealand licensing rights to a web based business which currently operates in North America. Is ...More |
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Licensing for a music store
I need to know what the processes are when trying to license a music store....More |
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Starting business for non-resident
I just recently registered for my ABN as sole trader. I am a full-time student, who plans to apply for my permanent residency visa. Right now I am ...More |
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Protecting new business idea
I believe I can provide customers with this business idea that has struck me for quite some time now. This idea is related to the service industry ...More |
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Producing homemade herbal hand/body creams
I was thinking of making homemade herbal ointment to relieve muscular pain and then selling it on the Internet to other people with similar problems. ...More |
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Onsite technical support illegal?
I heard that if someone with no qualifications who does electrical/computer/technical maintenance, he/she can be liable for anything that results ...More |
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Premature closure of lease
I have 3x3 year commercial lease contract for my shop. My landlord is charging 80% more lease as other retailers pay for their shops in same area. ...More |
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Procedures manual
I need to compile a procedures manual for a mortgage broking business for office admin and loan writers procedures....More |
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Registering a company
I am a sole trader business which is not registered for GST, but it seems that I will earn more than $50,000 this year which will require me to be a ...More |
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Royalty arrangement between employee & employer
I’m an employee of a large company where I invented a new software product.
The invention was outside my “normal” duties. Further I had the idea ...More |
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Service agreements/contracts
I am working for a business that is just starting and I need to construct a service agreement/contract. The business is providing cleaning services ...More |
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Sole trader or partnership
My husband is starting his own bobcat hire business. We don't know whether or not to start it as a partnership between us or just on his own as a ...More |
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Using superannuation to start business
I am about to start a business and I want to know if I can take my superannuation from my previous job as an employee to help set up my new business?...More |
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Transition from non-profit to profit making
Can a not-for-profit business, consisting of volunteers on a Board of Directors, become a 'for profit company'? If so, what are the legal ...More |
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Using company trust accounts
I am self employed and have set up my own company. I am trying to buy my first piece of real estate and it has been suggested that I should consider ...More |
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Compensating investors
I've been refining a business idea for over 10 years. During that period, I've spent many hours and over $40K refining my idea. Now that ...More |
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Foreigner starting a business and immigrating
I'm an American without Australian citizenship or permanent residency who wants to start a service business (most like a corporation) in ...More |
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Responsibilities to investors
I have been managing one of the busiest coffee shops in North America and am currently opening coffee shops in Korea for the same company. I am ...More |
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Operating as a sole trader versus pty ltd business
I recently returned to Australia from the UK where I ran my own ltd company. I am now considering opening the company on home ground though I am much ...More |
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Licences for home made skin care
I have three areas that you could shed some light on for me. I have created a skin care range at home which is natural and has been tested out on ...More |
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Business agreements
What are the main issues to be covered in agreement for starting of new business between two couples to run a smooth new venture (company) to avoid ...More |
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Binding nature of contract
Recently my web designer referred me to a programmer in NZ who she highly recommended to perform some work on my ecommerce site. I was looking to ...More |
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Claim service for bad workmanship from subcontractor
We have signed a contract with an engineer to have a machine designed and built for the quoted price of $160,000. He used 5 different subcontractors ...More |
