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82 Beaufort Street

Level 1, Perth, WA, 6000

Business Law

What is
Business Law?

Business law essentially covers any legality involved with owning and running a business. Whether you’re setting up, selling up or closing down, you have rights and duties under business law. It’s our job to protect them. 

If you have a legal business problem, you need to get to the root and solve it so it doesn’t crop up again later. That’s where we come in.

What kinds of businesses do you work with?

We service businesses of all types and sizes, but we primarily work with small to medium enterprises and not-for-profits. Our business clients are diverse, and they hail from a wide range of industries.

What can Ilberys do for my business?

We can assist with:

● Business establishment
● Due diligence
● Transactions
● Servicing of clients and customers
● Business sales
● Business closure

Importantly, we also take on dispute cases that may arise from running a business – whether its with an employee, a customer or the government. We have extensive experience in disputes between business partners and employee disputes, including discrimination.

Ilberys are the antithesis of ‘short cut’. That doesn’t mean litigating with us takes a long time – it means your case will be resolved properly the first time. It also means you can get back to business as soon as possible.

Find out why Ilberys has been a preferred firm in WA since 1955. Reach out for a free initial consultation here.

Frequently Asked Questions

A corporation, also known as a company, is an organisation that operates as its own legal entity, separate from the individuals that physically run the business. The corporation owns the business and, usually, the people operating the business own the corporation.

A not-for-profit organisation does not operate for the purpose of earning profits for its owners, rather all money earned or donated is reinvested back into the organisation to pursue its objectives.

Each business is different. When it comes to organisational structures, there isn’t a one-size-fits-all solution. We can help you work out which is the best for your business.

According to the Fair Work Act 2009, to be dismissed unfairly means the reason for dismissal or the way in which you were dismissed was harsh, unjust or unreasonable. That Act, along with various other acts such as the Equal Opportunity Act 1984, outlines a set of conditions where a termination is unlawful, such as being fired for discriminatory reasons. 

If you think you have been unfairly dismissed or terminated, or are unsure if your proposed dismissal or termination would be unfair or unlawful, we can help.

Any application for unfair dismissal must be made within 21 days of the dismissal.

An unfair dismissal application is more than just making a complaint, it’s a formal legal process that needs to be followed with care.
 
The key steps involve:
1. The dismissed employee lodges an unfair dismissal application to the Fair Work Commission
2. The Commission passes a copy of the application to the employer
3. The employer responds by submitting any jurisdictional objections to the claim to the Fair Work Commission and to the dismissed employee.
4. Unless any jurisdictional objections are upheld by the Commission, a Commission conciliator gets involved and holds a telephone conciliation to help resolve the issue
5. If an agreement is not reached, then the Commission will then schedule a hearing to hear each party’s case and then determine whether or not the employee was unfairly dismissed.
 
We can guide you through the process of making an unfair dismissal application and ensure all the proper procedures are followed correctly.

Making or reviewing new contracts are an unavoidable part of any business. From signing new staff contracts, to new lease agreements or signing for new software, businesses seeking new goods and services frequently enter into new contracts. To ensure both parties’ rights, obligations and expectations are clearly outlined, reviewing a contract can take a lot of diligence.
 
We’ve set out a quick checklist for reviewing a contract. It’s not comprehensive and each contract requires careful consideration as to what might be relevant for your circumstances, but the following are likely to be relevant in most circumstances:

1. Is your business correctly named and identified?
2. Are all the other parties correctly named and identified? Are you doing entering into the contract with the business you thought you were, or some other business?
3. What are the obligations of each party?
4. What happens if someone can’t comply with their obligations?
5. When does the contract end, and when can the contract be terminated early?
6. Are there any consequences or penalties for termination?
7. Are there any confidentiality obligations?
8. Is my business’ intellectual property and confidential information protected?
9. Are there any restrictions on what I can do in my own business, both during the contract and after?
10. Have I said anything to the other parties that is important but which is not in the contract? Have the other parties said anything to me that is important but which is not in the contract?
11. Are there any obligations on any party that are not specified in the contract?

When two parties enter into a contract, they agree to follow all the terms and requirements outlined in the contract. A breach of contract occurs if either party cannot carry out their contractual obligations under the contract within the time specified in the contract, and there may be serious consequences for any breach. We can help guide you through the complicated world of contract law at Ilberys.

Employers often include a restraint of trade clause in their employment agreements, which impose limits on an employee’s activities both during their employment and after they leave.

Restraints take many forms, but the two most common are:

  • Non-compete restraints: forbids a former employee from working for a competitor’s business, or from starting their own competing business
  • Non-solicitation: forbids a worker from calling on clients and employees of their previous employer to leave that business.

Restraints are also not limited to employment contracts: often two businesses that are in a business relationship with one another (such as a wholesaler and retailer) may impose restraints on one another, to protect their businesses. For example, a wholesaler may agree to supply products at a certain price to a retailer, but only if that retailer agrees not to purchase products from any other wholesaler.

Not all restraints are legally enforceable, and they require careful drafting to be legally enforceable. We can help you prepare appropriate restraints for your business, and review existing restraints as to whether they are likely to be enforceable.

Notice must be provided when a party ends an employment contract, unless the termination was based on factors such as serious misconduct, or as a result of a time limited contract expiring. Legislation such as the Fair Work Act 2009 specify minimum notice periods, usually dependant on the length of employment.

If the contract doesn’t outline a period of notice, a Court may imply a term in the contract which requires that “reasonable notice” be given. What is “reasonable” depends on all of the circumstances of the employment as a whole: things like the employee’s position, age, period of service with the employer, whether or not it will be easy for them to find other employment and other factors are relevant. 

If you’re unsure about the notice that should be provided, get in touch with us as soon as possible so we can offer you advice on where to go next.

Sadly, discrimination can occur in many workplaces. Unlawful workplace discrimination occurs when an employer refuses to hire a prospective employee, dismisses an employee, discriminates between two employees, injures an employee or threatens to do any of the previous actions based upon attributes such as race, gender, sexual orientation, religion or political opinions, marital status, pregnancy, age or other attributes.

If you feel as though you are being discriminated against at work, you can submit a complaint to the Australian Human Rights Commission (AHRC) and, in certain circumstances, proceed to the Federal Court of Australia to seek damages.

How can we help?

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