Category: Launching

Picking the right lawyer for your startup is as crucial as picking the right co-founders, considering the important role your lawyer will play in helping you scale your startup. There are many different types of lawyers, so it can be difficult to identify a lawyer that is the best fit for your startup and can…

Introduction Incorporating your business may be the last thing on your mind. While many start-ups and small businesses start as sole traders or partnerships, incorporation is often a more suitable often. In this post, we will look at what incorporation entails and the benefits it can bring. What does it mean to incorporate? The term…

Shareholder Agreement – Overview A shareholders’ agreement is an agreement between the shareholders of a company intended to regulate their rights and obligations. A shareholders’ agreement differs from a constitution in that a company constitution can be replaced by a 75% shareholder vote, where a shareholders’ agreement can only be replaced on agreement of all parties to the shareholders’ agreement. A shareholders’ agreement is therefore especially important for…

Small Business Vs Startup – Overview Knowing the difference between a small business and a start-up is crucial in creating an effective business plan. The two terms are often confused, yet they refer to two very different things. Essentially, a start-up is a company designed to create a scalable business model, while a small business is a small group…

1. Trade Mark Scoping 1. Choosing the type of trade mark 2. The trade mark owner 3. Goods and services 4. Conflict searching  1/Choosing the type of trade mark (a) A trade mark may be a letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent, or…

Introduction What is a restraint of trade? Restraint of trade clauses can be categorised into: 1. Non-compete clauses. 2. Non-solicitation clauses. 3. Trade secret / confidential information clauses. Restraints of trade are relevant at all stages of the business lifecycle, including when 1. Employing people or engaging contractors. 2. Buying or selling a business or…

Introduction Employment relationships are governed by: 1. The Fair Work Act 2009 (Cth); 2. Any applicable modern award; 3. Any applicable enterprise agreement; and 4. The individual employment contract (which may be written or oral). Types of employees Employees may be employed on: 1. A full-time basis; 2. A part-time basis; 3. A fixed-term basis…