When a court disagrees with a consent order, it won’t be approved as-is.  The judge will usually outline specific reasons for their disagreement. 
This could be due to the order being unfair, unreasonable, not adequately considering the needs of any children involved, or if one party was pressured into the agreement. In these scenarios, the parties involved must revise the order’s terms and resubmit the amended version. 
They may need to provide additional information or attend a court hearing to explain and justify the decisions within the revised consent order. 
It’s strongly recommended to seek legal advice throughout this process, as an experienced lawyer can help ensure the amended order meets the court’s standards, addresses the initial concerns, and protects the interests of those involved. 
Why Might a Court Disagree With a Consent Order?
Here are some common reasons why an Australian court might disagree with a consent order, especially within the context of family law:
Unfairness or lack of “just and equitable” terms: The court has a responsibility to ensure any agreement is fair to both parties. A consent order might be rejected if it heavily favours one person while significantly disadvantaging the other, particularly regarding financial settlements or property division.
Inadequate consideration of children’s best interests: The court prioritises the well-being of any children involved. A consent order may be rejected if the parenting arrangements, child support provisions, or other aspects are insufficient in protecting the child’s best interests.
Duress or undue influence: The court must ensure both parties entered the agreement freely and without coercion. The order may be deemed invalid if there is evidence of pressure, threats, or manipulation during the negotiation of the terms.
Lack of full disclosure: Both parties must completely and honestly disclose their financial circumstances. The order will likely be rejected if the court suspects that assets or income have been hidden, leading to an unfair agreement.
Procedural errors or incorrect format: Consent orders must follow specific legal requirements and formatting. If the document has administrative or technical errors, the court may not approve the orders until these errors are corrected.
Also read: How Long For Consent Order To Be Sealed
Can I Appeal a Court’s Decision on a Consent Order?
While you can technically appeal a court’s decision on a consent order in Australia, there are significant limitations, and success is not guaranteed. 
Limited Grounds for Appeal: Consent orders are unique because they represent an agreement between the parties, not a judgment imposed by the court. Therefore, you cannot appeal simply because you are unhappy with the outcome or have changed your mind. Valid grounds for appeal typically focus on procedural issues or specific circumstances, such as:
Fraud or Misrepresentation: If one party deliberately misled the other or misrepresented crucial information that influenced the agreement, there may be grounds for appeal.
Duress or Undue Influence: If you can prove you were pressured or coerced into agreeing to the terms, an appeal might be possible.
Lack of Jurisdiction: In rare cases, the court may not have had the authority to make the consent order in the first place.
New Evidence: If significant new evidence arises that was previously unavailable and could substantially impact the terms of the order, an appeal might be considered.
Difficulty in Appealing: Appealing a consent order is an uphill battle. Courts tend to uphold agreements freely entered into by both parties. You must present strong evidence to prove at least one of the limited grounds mentioned above.
How Do I Modify a Consent Order in Australia?
Modifying a consent order in Australia, particularly in family law matters such as child custody or property settlements, requires a specific process to ensure that the new order is legally enforceable. Here are the steps involved:
Review the Original Order: First, it is important to understand the terms of the original consent order. Check if there are any provisions about how and when the order can be changed.
Agreement Between Parties: If both parties agree to modify the consent order, they can negotiate the new terms mutually. The agreement must be in writing and should address all aspects of the order that are being changed.
Prepare a New Consent Order: A new consent order must be drafted once the parties have agreed on the changes. This should clearly outline the modifications and how they alter the original order.
File the New Consent Order: The new consent order must be filed with the court for approval. This typically involves submitting the agreement to the same court that issued the original order. The court needs to review the new consent order to ensure it is in the best interests of any children involved and that it is just and equitable to both parties.
Court Approval: The court will review the proposed modifications. If the court is satisfied that the changes are fair, reasonable, and in the best interests of the parties (especially children, in the case of custody agreements), it will approve the order. The court may request additional information or a court appearance if there are concerns or if the changes are significant.
Implementation: Once approved, the new consent order replaces the relevant parts of the original order and is legally enforceable. Both parties must adhere to the terms of the revised order.
If you do not have mutual agreement on the changes, you may need to apply to the court for a variation of the order.
This involves demonstrating to the court why the changes are necessary, such as a significant change in circumstances since the original order was made.
The court will then decide whether to modify the order based on the evidence presented.
Experienced Guidance Through Complex Family Law Matters
When the court disagrees with your consent order, it’s crucial to have experienced lawyers who can navigate the complexities of family law on your side. At Justice Family Lawyers, we specialise in reviewing and revising consent orders to meet the court’s requirements.
Contact us today to ensure your agreement stands the best chance of approval.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.

Yes, it is possible to set aside consent orders in family law, but it can only be done under specific circumstances and usually requires demonstrating a valid legal ground.
Consent orders, which are agreements formally approved by a court and thus carry the same legal force as a judge’s ruling, are generally considered final. However, they can be set aside if new evidence emerges or if there was a significant mistake, fraud, or misrepresentation when the orders were made.
For example, if one party did not provide full and frank financial disclosure or if there was coercion or duress, a court might consider setting aside the consent order.
Significant changes in circumstances that could not have been anticipated when the order was made, especially those affecting the welfare of children, might also justify setting aside an order.
Courts typically require a substantial reason to overturn a consent order to avoid unnecessarily reopening settled matters and maintain the finality of judgments​.
The process usually involves filing a formal application with the court that originally issued the order, and it often requires legal advice or representation due to the complexities involved in demonstrating the required legal thresholds​.
Under What Circumstances Can Consent Orders Be Set Aside?
Consent orders can be set aside under various circumstances, primarily to ensure fairness and justice in family law. Here are some of the main circumstances under which consent orders can be challenged:
Material Non-disclosure: If one party fails to disclose significant financial or other relevant information that would have impacted the terms of the agreement, the consent order can be reviewed and potentially set aside.
Fraud or Misrepresentation: Similar to non-disclosure, if consent orders were based on fraudulent information or misrepresentations made by one party, this could be grounds for setting them aside.
Duress or Coercion: If it can be shown that a consent order was agreed to under duress or coercion, the court may consider setting it aside to ensure that all agreements were made freely and voluntarily.
Change in Circumstances: Significant changes in circumstances that were unforeseen at the time the consent orders were made, especially those affecting the welfare of children (such as a change in a parent’s health, lifestyle, or financial situation), may warrant revisiting and potentially setting aside the orders.
Error in Law or Process: Errors in the legal process or misunderstandings of the law at the time of agreement can also be grounds for setting aside a consent order.
Best Interests of Children: In cases involving children, if the consent orders are no longer in the best interests of the children involved, due to new circumstances or information, a court may consider setting aside the original orders.
These circumstances underscore the legal principle that consent orders while binding, are not beyond review if substantial reasons exist that challenge their fairness or appropriateness under current conditions.
The process typically involves legal proceedings where evidence is presented to justify the request to set aside the orders.
Also read: How Long For Consent Order To Be Sealed?
Can Consent Orders Be Set Aside If Both Parties Agree?
Yes, consent orders can be set aside if both parties agree. This is typically a simpler process than unilateral attempts to set aside consent orders because it does not require proving any of the usual grounds like fraud or material non-disclosure.
When both parties mutually consent to change or dismiss the orders, they can jointly apply to the court to have the order set aside or amended.
This mutual agreement is often reflected by submitting a joint application to the court, detailing the reasons for their decision and proposing how the terms of the original order should be modified or annulled.
The court respects such agreements as long as they comply with legal requirements and do not contravene any public policy considerations.
In cases involving children, even with mutual agreement, the court will review the proposed changes to ensure that they are in the children’s best interests before setting aside or modifying the original consent order.
The primary concern in these cases is to safeguard the welfare of the children, irrespective of the agreement between the parents.
What Happens After a Consent Order Is Set Aside?
After a consent order is set aside, several steps typically follow, depending on the nature of the order and the reasons for its annulment:
Reassessment and Renegotiation: The parties may need to renegotiate the terms of their agreement based on the new circumstances or information that led to the setting aside of the original order. This could involve revisiting financial settlements, property divisions, or arrangements concerning children.
Interim Orders: The court may issue interim orders to govern the situation until a new final agreement is reached or a new trial is conducted. This is particularly common in cases involving children, where immediate and ongoing arrangements must be specified to ensure their welfare.
Further Court Proceedings: Further legal proceedings might be necessary if the consent order was set aside due to fraud or significant non-disclosure. This could involve a full trial where all aspects of the case are reviewed in light of the newly available information.
New Consent Order: Once the parties reach a new agreement, this agreement can be formalised into a new consent order. The new order would then be submitted to the court for approval, ensuring that it complies with legal standards and serves the best interests of all involved, particularly any children.
Legal and Financial Adjustments: There may be significant legal and financial repercussions depending on how the consent order is adjusted. For instance, adjustments might need to be made to asset distributions, child support payments, or spousal maintenance.
The process is governed by the need to ensure fairness and legality in the new arrangements, safeguarding the rights and welfare of all parties involved. The court’s involvement is crucial in ensuring that any new agreement or order is just and equitable, particularly in light of the reasons for setting aside the original order.
Reclaim Your Rights with Justice Family Lawyers
Have you found yourself in a situation where a previous consent order no longer reflects your current circumstances or was established under less-than-truthful conditions? Justice Family Lawyers is here to help.
We specialise in reassessing and potentially setting aside flawed consent orders to ensure justice and fairness. Don’t let past agreements hold you back from what is rightly yours today. Contact Justice Family Lawyers for expert guidance and reclaim your rights!
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.

Gadens has advised Viva Leisure Operations Pty Ltd (a wholly owned subsidiary of Viva Leisure Limited (ASX: VVA)) on the recent acquisition of iFitness 24/7, a leading health club operator in the Northern Territory.
The addition of four new locations marks Viva Leisure’s inaugural entry into the Northern Territory market, elevating its portfolio to 173 locations nationwide. iFitness 24/7 is anticipated to bring in over 5,000 new members to Viva Leisure’s expanding network.
Viva Leisure intends to rebrand the newly acquired locations to Club Lime, increasing the number of clubs under this flagship brand to 112 and solidifying its position as Australia’s largest non-franchised health club brand.
Gadens has a longstanding relationship with Viva Leisure in supporting its strategic expansion across Australia.
Commenting on the transaction, lead partner Jeremy Smith, said: “It has been a pleasure to continue working together with the Viva team and we look forward to seeing the momentum that Viva will gain with a greater footprint throughout Australia.”
Practice groups: Corporate, supported by the Real Estate and Construction and Workplace Advisory and Disputes groups.
Key team members: Lead Partner Jeremy Smith was supported by Robert Wilson (Senior Associate), Daphne Chiang (Lawyer) and Stephanie Poloyannis (Lawyer).
The post Deal profile | Gadens advises Viva Leisure on the acquisition of iFitness 24/7 appeared first on Gadens.

26 April 2024
The ACCC will not oppose Metcash Trading Limited’s (Metcash) (ASX:MTS) proposed acquisition of wholesale food distributor SFG Group Holdings Pty Ltd, trading as Superior Food Services (Superior).
Superior purchases a wide range of food products from suppliers and distributes them to food service businesses such as restaurants, cafes, hotels and clubs, petrol and convenience stores, and institutions such as hospitals.
Metcash is a wholesale distribution company which supplies grocery and fresh foods to independent supermarkets and retailers. Metcash also operates Campbells, which also wholesales food and food adjacent products to retailers.
The ACCC’s review focused on how closely Metcash and Superior compete in the wholesale supply of food products to food service customers, how the acquisition may affect suppliers or increase Metcash and Superior’s buyer power, and the likely impact of the acquisition on prices, product range and quality.
“We conducted extensive market inquiries with customers, suppliers, competitors and industry associations. We ultimately found that the transaction would not be likely to substantially lessen competition,” ACCC Commissioner Stephen Ridgeway said.
Although both Metcash and Superior supply food products, market feedback indicates that they do not compete closely for customers.
Superior primarily sells and distributes products that are not suitable for direct retail sale, and Metcash does not have the product base to compete in any significant way for food service customers.
The merged entity will continue to be constrained in the supply of food service products by established competitors such as Woolworths-PFD Food Services and Bidfood.
“We found that Metcash and Superior make up a very small percentage of the overall demand from food suppliers, and that suppliers would continue to have many other alternative routes to market,” Mr Ridgeway said.
More information on this review can be found here: Metcash Trading Limited – SFG Group Holdings Pty Ltd
Background
Metcash is an ASX-listed wholesale distribution company with a food division that supplies dry grocery and fresh foods to independent supermarkets and convenience stores, including IGA, Foodland, Foodworks and Lucky 7 brands.
Metcash also operates Campbells, which supplies food and food adjacent products to grocery and convenience retailers, and remote communities through its network of 14 warehouses.
Superior is a privately owned food services distributor and supplies a wide range of dry, chilled, frozen, meat, small goods and seafood lines to food service businesses in all states and territories in Australia (excluding the Northern Territory). It trades under Superior Food Services, Mooloolah River Fisheries, Kay’s Meats, Global Meats and Sealanes.
‘food adjacent products’ refers to non-food items such as general merchandise, health and beauty products and tobacco.

Who can be elected to your strata committee?  More to the point, who can’t? The answer to the first question, in NSW at least, is just about anybody, including non-owners provided they are nominated by an owner who isn’t standing for election. The answer to the second is more complicated. Building managers and real estate […]

I have a few words of encouragement and comfort for anyone who thinks they are stuck with a dysfunctional committee, or is on a committee with a destructively disruptive member. You don’t have to wait for your next AGM to fix things.  Under NSW laws that came into effect earlier this year, if you have […]

This week’s Flat Chat Wrap covers a lot of ground. including a prison cell in in a studio flat – seriously! – in the same small town in England where our very own Sue  Williams cut her journalist teeth. We take a long, hard and highly suspicious look at how real estate pictures are altered to make […]

/**handles:wpforms-choicesjs,wpforms-classic-full**/ div.wpforms-container .wpforms-form .choices{position:relative;margin-bottom:24px}div.wpforms-container .wpforms-form .choices ::-webkit-input-placeholder{color:#999999}div.wpforms-container .wpforms-form .choices ::-moz-placeholder{color:#999999;opacity:1}div.wpforms-container .wpforms-form .choices ::placeholder{color:#999999}div.wpforms-container .wpforms-form .choices:focus{outline:none}div.wpforms-container .wpforms-form .choices:last-child{margin-bottom:0}div.wpforms-container .wpforms-form .choices.is-disabled .choices__inner,div.wpforms-container .wpforms-form .choices.is-disabled .choices__input{background-color:#bbbbbb;cursor:not-allowed;user-select:none}div.wpforms-container .wpforms-form .choices [hidden]{display:none !important}div.wpforms-container .wpforms-form .choices *{box-sizing:border-box}div.wpforms-container .wpforms-form .choices.is-open .choices__inner{border-radius:4px 4px 0 0}div.wpforms-container .wpforms-form .choices.is-open.is-flipped .choices__inner{border-radius:0 0 4px 4px}div.wpforms-container .wpforms-form .choices[data-type*=”select-one”]{cursor:pointer}div.wpforms-container .wpforms-form .choices[data-type*=”select-one”] input.choices__input{display:block;width:calc(100% – 20px) !important;margin:10px !important;padding:7px 12px !important;box-sizing:border-box !important;border:1px solid […]

Australia’s family law system is about to undergo its most significant changes for about 20 years. The reforms are aimed at modernizing and simplifying the family law system and to place a greater emphasis on safety for families, and children. How the Courts will interpret and implement the changes remains
The post Reform is on the Horizon – Changes to Family Law in 2024 appeared first on Lynn & Brown Lawyers.

When FGD first starting taking our staff to Bali in the late 90’s we were a much smaller firm, around 15 people. Fast forward to Easter 2024 where 89 staff from across our 4 offices embarked on our bi-annual Bali conference to strengthen our professional relationships, exchange insights and rejuvenate our state of minds.
We spent the conference learning from esteemed presenters and discussing emerging Family Law trends, focusing heavily on litigation, collaboration and the human skills involved in each. We delved into innovative strategies, and went through some highly interesting case studies. Our presenters went deep into the understanding of our professions and the skills we hold, teaching us new tips and tricks along the way.
It was important that there was a balance of socialising, relaxation too.
We all enjoyed Bali’s rich culture, some of us venturing on a cultural sight-seeing afternoon, a snorkelling expedition in the Blue Lagoon and a cooking class with the renowned Merrick group. We had some incredible dinner’s together, and on our final night we were spoilt to have a traditional Balinese feast on the lawns of Padma Resort, Legian.
If you would like to be a part of the FGD team in time for our next adventure, please head over to our careers page.

The man was declared dead at the scene.

The driver and sole occupant’s car hit a power pole on Tuesday afternoon.

Her family said she would be remembered as a loving fiancée, stepmother, daughter and aunty.

The trio were all seriously injured in the crash.

In recent years, an important question has arisen in relation to the voluntary carbon market (VCM) as it continues to expand: How do we elevate and maintain its integrity?

Navigating the waters of asbestos claims in New South Wales (NSW) can be daunting, especially with the myriad of myths surrounding the process.  Many retired workers suffering from asbestos or silica related diseases like asbestos related pleural disease, asbestosis, lung cancer, mesothelioma or silicosis, are often hesitant to explore their legal rights due to misinformation.
Myth 1 – “My Employer Went Bust 40 Years Ago, So There is No One to Pay My Compensation”
One common myth is that if their employer has gone out of business, there’s no viable path to compensation. This myth could not be further from the truth.
Even if a company that exposed workers to asbestos has ceased operations, victims still have avenues for claiming compensation.  In many instances, these companies had insurance policies in place that remain viable for handling claims today. Furthermore, NSW has mechanisms and funds designed specifically to cater to workers from defunct companies and defunct insurers, ensuring that individuals have a recourse for their suffering.  Additionally, there can also be claims made against manufacturers of asbestos products.
Myth 2 – “There is a Limitation Period to Lodge a Claim Arising from Asbestos Exposure and I was Exposed 50 Years Ago”
Another deterrent for many considering an asbestos claim is the belief that individuals have a limited window to lodge a claim arising from asbestos exposure and contraction of asbestos or silica related illness. This misunderstanding can deter many from pursuing a claim, under the assumption that they are too late. However, the truth is more accommodating.
In NSW, special provisions account for the unique nature of asbestos and silica-related conditions, acknowledging that these dust diseases can take decades to manifest.
Thus, while limitation periods generally apply in personal injury claims, asbestos or silica related claims are treated with the flexibility required to ensure justice for affected individuals, recognising the prolonged latency periods of asbestos/silica related diseases.  This means that the asbestos or silica related claim can be lodged at any time; however, in order to protect a significant part of the common law claim, it is imperative that such a claim is commenced during a claimant’s lifetime.
Why These Myths Are Problematic
Misconceptions about asbestos and silica related claims not only create unnecessary barriers for those seeking compensation but also contribute to a larger issue of underreported cases.  Many individuals living with asbestos or silica related illnesses may not understand their rights or the potential for favourable legal outcomes, leading them to endure their conditions without the support and compensation they are entitled to.
Addressing these myths head-on is crucial in empowering retired tradesmen and anyone else affected by asbestos or silica exposure. Knowledge is power, and understanding the truths about dust disease claims can open doors to deserved compensation and aid.
What Retired Workers Should Do
For retired workers suffering from asbestos or silica related diseases, the first step is to seek legal advice from a firm experienced in dust disease claims like Turner Freeman.
At Turner Freeman, we can provide a comprehensive assessment of your case and outline your rights.
Remember, each case is unique, and at Turner Freeman, we can offer personalised guidance tailored to your specific situation.  We can help navigate the complexities of lodging a claim, dealing with former employers (or their insurers), and ensuring that your case is heard.
The myths surrounding asbestos claims, particularly regarding limitation periods and defunct employers, can inhibit individuals from seeking the compensation and support they need. It’s essential to challenge these misconceptions and spread accurate, helpful information.
If you or someone you know is hesitating to pursue an asbestos or silica claim due to these or other myths, reach out to our Dust Diseases Team on 02 8833 2500. We can provide you with the correct information and support you need to explore your options. We also travel to see clients at hospitals and their homes. Remember, you’re not alone in this, and we are dedicated professionals with an abundance of resources ready to help guide you through the process.
Like it? Share it!
The post Common Misconceptions About Asbestos and Silica Claims in NSW appeared first on Turner Freeman Lawyers.

Most companies start off on a small scale. As a matter of fact, small companies and businesses dominate the business landscape. It’s not the ambition of every entrepreneur to run a large, corporate powerhouse. 
Moreover, small companies are often tiny but mighty. 
It doesn’t matter if your plan is to take your small company to the next level or if you just want a small, manageable venture. Almost every company has humble beginnings, making it imperative for all entrepreneurs to understand the legal aspects of starting a small company. 
That way, no matter what future goals you have in mind for your company – you’ll be giving it the best start possible. 
What Is A Small Company? 
There’s no strict and singular definition for a small company. When determining whether a company can be considered small, a number of different aspects need to be looked at. 
For instance, the Australian Small Business and Family Enterprise Ombudsman (ASBFEO) defines a small company (or business) to be one with less than 20 employees. However, according to the Australian Taxation Office (ATO) any company with an annual turnover of less than $10 million is considered to be small. 
Therefore, when assessing whether a company is considered to be small, you’ll need to take a look at a few different aspects of that company. 
What Are The Challenges Of Starting A Small Company? 
When starting a small company, it’s not unusual for company owners to run into a few hurdles. The exact challenges you will face when starting a small company will depend on a number of different factors such as your industry, location, size and competition. 
Let’s say you plan on opening a small cafe in your local area however, zoning laws don’t allow cafes in the location you planned. Perhaps you may have trouble securing financing or there will be a few administrative hoops you need to jump through to get the right permits and approvals. 
We don’t mean to sound discouraging but there’s a huge range of potential challenges awaiting for anyone thinking of starting a small company. However, challenges shouldn’t deter you from your goals. Instead, it’s a good idea to have expert help when navigating the sometimes complex world of business. Trying to do it all on your own can be overwhelming and oftentimes, counterproductive. Chances are, a professional has found solutions to challenges like yours before and will be able to provide you with much needed clarity and guidance. For any of your legal issues, our expert legal team is here to help.   
Getting Started: Set Up A Small Company 
As we mentioned earlier in the article, most companies will start in the same way. That’s because every company needs to accomplish three basic tasks during their conception stages – research, registration and legal protection. 
Let’s take a closer look at these below. 
Do Your Homework 
It goes without saying (but we’ll say it anyways) before starting a company it’s imperative to conduct thorough research. The more informed you are the easier it will be for you to make the right decisions. Be sure to do research on your industry, materials, competition, marketing strategies, compliance measures and much more. 
Don’t forget to compile your research into a business plan, that way it’s all in the one place whenever you need to access it. 
Register Your Small Company 
Your next step is to register your company. 
Big or small, every company in Australia is registered with the Australian Securities and Investments Commission (ASIC). To register a company with ASIC, you will need to determine matters such as who your shareholders are going to be, the directors of your company, how your company will be governed as well as what kind of company you’ll be running. Only after you have sorted out all the details, can you start the application process to register your company with ASIC. 
When registering your company, it’s a wise idea to recruit the help of a legal expert. The process to register a company can be a little complicated and it’s necessary to have someone who knows the ins-and-outs of company registration in your corner. Remember, the registration process won’t just allow your company to legally exist, it also forms the foundation for your company. Therefore, it’s imperative to ensure everything gets done right so you’re not met with any nasty, unwanted surprises down the line.  
It’s also important to note that your relationship with ASIC as the owner of a company doesn’t end once your company is registered. You’ll need to keep up with ASIC for matters like fees, annual audits and changing your company details. Due to this, it’s important to familiarise yourself with ASIC and its requirements as not following through with their regulations could lead to fines or legal penalties. Chatting to a legal expert can help you gain a better understanding of what’s expected of you when it comes to ASIC compliance. 
We’ve written more about the process of registering a company in our article, Steps To Incorporate Your Small Business In Australia. 
Get Your Legals Sorted 
The final step in starting a small company is making sure your company has legal protection. In order to do this, you’ll need to utilise a number of legal instruments such as contracts and policies to safeguard your company from potential legal issues. 
The specific legal documents required will depend on the unique characteristics of your company. Therefore, it’s a good idea to chat with a legal expert. They can pinpoint potential risks and help draft  legal agreements to address those risks.
For now, we’ve listed a few core legal instruments that are important to have when managing different aspects of a company. 
Company Formation: 

Shareholders Agreement
Founders Term Sheet
Company Constitution  

Business Contracts:

Service Agreement
Distribution Agreement 
Supply Agreement 

Employment: 

Employment Contracts
Workplace Policy 
Staff Handbook 

Data and Privacy: 

Privacy Policy 
Website Terms and Conditions
Data Breach Response Plan 

Confused on where to start? Chat to one of our legal experts today! 
What Else Do I Need To Start A Small Company?
Aside from registering your company the right way and making sure it’s legally protected, you will also need to understand the laws that impact your small company.
Every company needs to follow certain rules and regulations to ensure legal compliance. These laws could vary from safety regulations for employees, to fair customer practices as well as data privacy controls. 
Not complying with the laws that impact your company could lead to fines, legal penalties and a bad reputation for your business. So, instead of allowing that to happen, make sure you chat with a regulatory compliance expert. They’ll be able to let you know what laws your company needs to be following and the best way to ensure your practices are in line with them. 
Next Steps
To start a small company, there’s a number of legal considerations you need to take care of each step of the way. To summarise what we’ve discussed: 

Most small companies begin modestly and require understanding of key legal aspects for a successful start, regardless of future growth ambitions
Definitions of a small company vary, with metrics like employee count or annual turnover used to determine its size
Starting a small company can present challenges such as zoning restrictions, financing difficulties, and the need for various permits, making expert guidance beneficial
Essential early steps for setting up a small company include conducting thorough industry research, registering the company with regulatory bodies like the ASIC, and ensuring legal protection
Ongoing compliance with ASIC regulations is crucial to avoid penalties 
Legal protections for a small company should include contracts, policies, and agreements tailored to its specific needs to mitigate potential legal issues 
Understanding and adhering to relevant laws and regulations is necessary to maintain legal compliance and avoid penalties, enhancing the company’s reputation 

If you would like a consultation on starting a small company, you can reach us at 1800 730 617 or [email protected] for a free, no-obligations chat.
The post How To Start A Small Company  appeared first on Sprintlaw.

When you start a company, the choices you make surrounding shares and shareholders is going to significantly influence the future and direction of your company. So, when you form a company you’ll need to ask yourself a number of important questions regarding shares.
One of the most integral questions will be, how many shares should my company start with?  
Ultimately, there’s no standard answer to this question. The amount of shares your company starts with will depend on a number of different factors – the key is to make an informed decision that will be beneficial to your company in the long run. 
As such, it’s critical to understand everything you can about how shares work before you take the leap and launch your company. Keep reading to learn more. 
What Are Shares In A Company? 
Shares in a company are essentially the ownership of a company. Each share is a unit of ownership and anyone that owns a share is known as a shareholder. 
The higher the shares someone owns, the more ownership they have in the company. Shareholders have certain rights such as voting powers and can influence the direction of the company. Needless to say, larger shareholders will have more say in the company than smaller shareholders. 
Every company is likely to have their own set of rules and expectations for shareholders which can be found in legal documents like a Shareholders Agreement. If you’re starting a company and there’s going to be more than one shareholder, then it’s a good idea to get a shareholders agreement drafted. 
For a company to run smoothly, it’s important for the shareholders to be on the same page as one another. Shareholders agreements cover important matters such as dispute resolution, decision making processes and what happens when a shareholder wants to exit the company – it’s a pretty essential document when it comes to your company’s governance, be sure to get a legal expert to help you out with yours. 
How Many Shares Does A Company Have? 
There isn’t a specific amount of shares every company has. Some companies have hundreds of shareholders (these are usually largely corporations) while other companies may have just a few shareholders. 
The number of shares a company has is never random. A company’s size, strategy, structure and needs will play a significant role in determining how many shareholders it has. 
We’ve written more about companies and shares in our article, How Many Shares Can A Company Have? Check it out to learn more.  
How Many Shares Should I Start My Company With? 
Determining the amount of shares to start your company off with should be planned in accordance with matters such as your company’s future goals, structure and current availability. For instance, if you want to raise capital with investors however, your company is still in its early stages then it’s important to structure your shares in a way so it makes room for future shareholders. 
Typically smaller companies start off with shares of 1,000 to 5,000. These numbers are a lot more manageable and make it easier to succinctly determine ownership percentages. Moreover, those numbers are sufficient enough to be able to meet the needs of many smaller companies. 
So, when you’re figuring out how many shares you should start your company with, it’s important to make the choices that are right for you. As your company is unique, it’s best not to look at other companies for some type of blueprint. Instead, it’s best to chat with a legal expert – that way you can get advice that’s catered especially to your company’s needs and go from there. 
Can I Change My Company’s Shareholder Details? 
Yes, you can and should be changing your company’s shareholder details. If a shareholder decides to leave or has any important details about them changed, then it’s important to update these details with the Australian Securities and Investments Commission (ASIC).
Remember, as a company it’s your duty to report to ASIC and ensure all your company details are up to date with them. Not doing so can lead to fines and in worst case scenarios, your company being investigated by ASIC and facing legal penalties. 
Don’t let this happen – make sure you update any important  shareholder details as soon as they occur. Often, navigating ASIC and knowing which form to fill out can be overwhelming! Having a legal professional in your corner can make this process much easier as they can make certain that everything gets done the right way. 
Next Steps
When figuring out how many shares to start your company off with, it’s important to consider a number of different factors. It’s wise to get the professional help of a legal expert to ensure you’re giving your company the best start possible.  

The number of shares a company starts with varies based on multiple factors including future goals and company structure, with no standard initial amount applicable to all companies
Shares represent ownership units within a company, and shareholders possess varying degrees of influence and voting rights based on the number of shares they own
Larger shareholders typically have more influence over company decisions than smaller shareholders
It’s beneficial for companies, especially those with multiple shareholders, to draft a Shareholders Agreement to outline rules for governance, including dispute resolution and decision-making processes
Common starting share quantities for smaller companies range between 1,000 to 5,000 to easily manage ownership percentages and meet operational needs
Shareholder details need regular updates with the Australian Securities and Investments Commission (ASIC) to avoid legal penalties, with legal assistance recommended for navigating updates
Consulting a legal expert when starting a company and determining share distribution can provide tailored advice and help ensure the company’s long-term success

If you would like a consultation on how many shares your company should start with, you can reach us at 1800 730 617 or [email protected] for a free, no-obligations chat.
The post How Many Shares Should A Company Start With? appeared first on Sprintlaw.

In recent years a great deal of attention has been focused on the role of organisations in preventing or enabling child sexual abuse. In particular, the Royal Commission into Institutional Responses to Child Sexual Abuse examined the manner in which institutions such as churches and schools had historically responded to offending of this nature within their organisations.
The Royal Commission made a wide range of recommendations, many of which have since been adopted throughout Australia. In Queensland, one of the key recommendations of the Royal Commission that was adopted involved the creation of ‘Third party’ offences where people can be held criminally liable if they fail to take steps to stop child sexual abuse being committed by others in certain circumstances.
Third Party Offences
Sections 229BB and 229BC of the Criminal Code create criminal offences for people who have relevant knowledge regarding sexual offences being committed against children and fail to take steps to stop the offending in certain circumstances, or fail to report the information to the police.
Section 229BB – Failure to protect child from child sexual offence
Section 229BB applies to an adult associated with an institution (referred to as an “accountable person”) who knows there is a significant risk that another adult associated with the institution will commit a child sexual offence in relation to either a child under 16, or a child under 18 with an impairment of the mind.
This section creates an offence for a person in the above position who fails to remove or reduce the risk posed, in circumstances where they have the power or responsibility to do so.
The offence under section 229BB is aimed at people in positions of management or authority who gain knowledge that a risk exists and fail to take appropriate steps to deal with the risk, for instance by removing the other person from the organisation or stopping their involvement with children.
It is clear from subsection (2) that the provision is particularly targeted at religious organisations.  It states that it does not matter that the information was gained by the person through a religious confession.
Section 229BC – Failure to report belief of child sexual offence committed in relation to child
Section 229BC applies to an adult who gains information that causes them to believe, on reasonable grounds (or ought reasonably to cause them to believe) that a child sexual offence is being, or has been committed against a child by another adult.
The section creates an offence for a person in this position who fails, without reasonable excuse, to report the information to the police as soon as reasonably practicable.
There are some key differences between the conduct captured under section 229BC and that targeted under 229BB. Firstly, section 229BC does not require the adult to be associated with an institution in order for the section to apply. This means that any adult who becomes aware of the sort of information referred to in the section could be criminally liable for not reporting this information to police.
Secondly, the wording of the section refers to a child sexual offence that is being, or has been, committed. This extends the relevant information to include information about past offences as well as ongoing offending. This gives the section a much broader scope than 229BB, which only considers situations where there is a risk of future offending.
Thirdly, 229BC contains a built in defence whereby a person will not be criminally liable for not reporting the information to police if they had a reasonable excuse not to do so. Subsection (4) lists a number of circumstances in which a person will be deemed to have a reasonable excuse.  However this is not an exhaustive list, meaning that the courts may find that a person had a reasonable excuse not to report the information to police in other circumstances.
Could both sections apply to the same circumstances?
While at this stage there are no published decisions confirming how these provisions will be interpreted by the courts, it is possible to envisage a situation where the two sections could overlap.
An adult associated with an institution may gain information which causes them to believe on reasonable grounds that a child sexual offence is being committed by another person associated with the institution, giving rise to liability under section 229BC if they do not report this information to police.
If the person is also in a management or supervisory position, such that they have the power or responsibility to remove the risk, they may also incur liability under section 229BB if they fail to do so.
Sections 229BB and 229BC impose obligations on adults who become aware of information relating to child sexual offending to take steps to stop the offending occurring, and assign criminal liability to those who fail to do so. For people associated with an organisation involving children, particularly people in a management or supervisory position, this risk is further increased.
If you have any concerns about liability that may apply to you or others within your organisation under these sections, you should contact us to seek further legal advice immediately.
 
The post Child sexual offences – failing to take steps to stop offending by others appeared first on Potts Lawyers.

/**handles:pcp-font-awesome,pcp-likes,pcp-style**/ /*! * Font Awesome 4.7.0 by @davegandy – http://fontawesome.io – @fontawesome * License – http://fontawesome.io/license (Font: SIL OFL 1.1, CSS: MIT License) */@font-face{font-family:’FontAwesome’;src:url(‘https://cartercapner.com.au/wp-content/plugins/smart-post-show-pro/public/assets/fonts/fontawesome-webfont.eot?v=4.7.0’);src:url(‘https://cartercapner.com.au/wp-content/plugins/smart-post-show-pro/public/assets/fonts/fontawesome-webfont.eot?#iefix&v=4.7.0′) format(’embedded-opentype’),url(‘https://cartercapner.com.au/wp-content/plugins/smart-post-show-pro/public/assets/fonts/fontawesome-webfont.woff2?v=4.7.0’) format(‘woff2’),url(‘https://cartercapner.com.au/wp-content/plugins/smart-post-show-pro/public/assets/fonts/fontawesome-webfont.woff?v=4.7.0’) format(‘woff’),url(‘https://cartercapner.com.au/wp-content/plugins/smart-post-show-pro/public/assets/fonts/fontawesome-webfont.ttf?v=4.7.0’) format(‘truetype’),url(‘https://cartercapner.com.au/wp-content/plugins/smart-post-show-pro/public/assets/fonts/fontawesome-webfont.svg?v=4.7.0#fontawesomeregular’) format(‘svg’);font-weight:normal;font-style:normal;font-display:swap}.fa{display:inline-block;font:normal normal normal 14px/1 FontAwesome;font-size:inherit;text-rendering:auto;-webkit-font-smoothing:antialiased;-moz-osx-font-smoothing:grayscale}.fa-lg{font-size:1.33333333em;line-height:.75em;vertical-align:-15%}.fa-2x{font-size:2em}.fa-3x{font-size:3em}.fa-4x{font-size:4em}.fa-5x{font-size:5em}.fa-fw{width:1.28571429em;text-align:center}.fa-ul{padding-left:0;margin-left:2.14285714em;list-style-type:none}.fa-ul>li{position:relative}.fa-li{position:absolute;left:-2.14285714em;width:2.14285714em;top:.14285714em;text-align:center}.fa-li.fa-lg{left:-1.85714286em}.fa-border{padding:.2em .25em .15em;border:solid .08em #eee;border-radius:.1em}.fa-pull-left{float:left}.fa-pull-right{float:right}.fa.fa-pull-left{margin-right:.3em}.fa.fa-pull-right{margin-left:.3em}.pull-right{float:right}.pull-left{float:left}.fa.pull-left{margin-right:.3em}.fa.pull-right{margin-left:.3em}.fa-spin{-webkit-animation:fa-spin 2s infinite linear;animation:fa-spin 2s infinite linear}.fa-pulse{-webkit-animation:fa-spin 1s infinite steps(8);animation:fa-spin 1s infinite steps(8)}@-webkit-keyframes fa-spin{0%{-webkit-transform:rotate(0deg);transform:rotate(0deg)}100%{-webkit-transform:rotate(359deg);transform:rotate(359deg)}}@keyframes fa-spin{0%{-webkit-transform:rotate(0deg);transform:rotate(0deg)}100%{-webkit-transform:rotate(359deg);transform:rotate(359deg)}}.fa-rotate-90{-ms-filter:”progid:DXImageTransform.Microsoft.BasicImage(rotation=1)”;-webkit-transform:rotate(90deg);-ms-transform:rotate(90deg);transform:rotate(90deg)}.fa-rotate-180{-ms-filter:”progid:DXImageTransform.Microsoft.BasicImage(rotation=2)”;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg)}.fa-rotate-270{-ms-filter:”progid:DXImageTransform.Microsoft.BasicImage(rotation=3)”;-webkit-transform:rotate(270deg);-ms-transform:rotate(270deg);transform:rotate(270deg)}.fa-flip-horizontal{-ms-filter:”progid:DXImageTransform.Microsoft.BasicImage(rotation=0, mirror=1)”;-webkit-transform:scale(-1, 1);-ms-transform:scale(-1, 1);transform:scale(-1, 1)}.fa-flip-vertical{-ms-filter:”progid:DXImageTransform.Microsoft.BasicImage(rotation=2, […]