Lawbase

Lawbase An online law firm for business owners and entrepreneurs. We provide timely, practical and affordable commercial law services so you can get on with business.

Your website probably doesn’t look the same as it did when you launched your business.You may have added new services, s...
18/09/2026

Your website probably doesn’t look the same as it did when you launched your business.

You may have added new services, started collecting more customer information, introduced online payments or subscriptions, changed how customers buy from you, or simply grown into a more established business.

But have your website legals kept up?

Your website terms, privacy policy and other legal documents shouldn’t be something you set up once and forget about. As your business changes, the way you interact with customers – and the risks you need to manage – can change too.

That’s where our Website Legal Package comes in.

Designed for growing Australian businesses, the package gives you tailored website legal documents that reflect how your business actually operates, rather than relying on generic templates that may not suit your circumstances.

It’s a practical way to strengthen the legal foundations behind the website you’ve worked hard to build.

Find out what’s included via the link in comments.

The other party has breached your contract. Can you just terminate it and walk away? Not necessarily.Terminating a contr...
14/09/2026

The other party has breached your contract. Can you just terminate it and walk away? Not necessarily.

Terminating a contract is a significant legal step – and getting it wrong can create a new problem rather than solve the original one.

Depending on the circumstances, a right to terminate may arise because of:
– A breach of an essential condition
– Frustration, where an unforeseen event makes the contract impossible to perform or fundamentally changes the obligations
– A significant mistake made when the contract was formed
– A force majeure event covered by the contract
– Other factors such as illegality, duress or undue influence

But having concerns about the other party’s performance doesn’t automatically give you the right to terminate.

Before taking action, it’s important to understand what the contract says, whether you have a valid basis for termination and what obligations could continue afterwards. Confidentiality, intellectual property and other contractual obligations, for example, may survive termination.

And if you terminate without a legal right to do so, you may expose your own business to a claim for damages.

Before you walk away from a commercial contract, understand exactly where you stand – and what terminating could mean for your business.

Your employment has ended. But what happens to the entitlements you’ve built up along the way?Whether you’ve been made r...
11/09/2026

Your employment has ended. But what happens to the entitlements you’ve built up along the way?

Whether you’ve been made redundant or dismissed, your final entitlements can depend on several things – including your award, registered agreement, employment contract and applicable workplace policies.

Depending on your circumstances, this may include:
• Outstanding wages and annual leave
• Payment in lieu of notice
• Redundancy pay
• Long service leave

The reason your employment ended matters too, as it can affect what notice and payments you’re entitled to receive.

If your employer has gone into liquidation or bankruptcy and can’t pay certain outstanding entitlements, eligible employees may also be able to make a claim through the Fair Entitlements Guarantee (FEG).

And if you believe your dismissal was unfair or unlawful, it’s important to act promptly. As outlined in our article, applications for unfair dismissal and general protections dismissal generally need to be made to the Fair Work Commission within 21 days of dismissal.

Knowing what applies to your situation starts with understanding your employment arrangements and checking what you’re entitled to.

When you’re starting a business, there’s always something that feels more urgent than the legals.Finding customers. Buil...
09/09/2026

When you’re starting a business, there’s always something that feels more urgent than the legals.

Finding customers. Building the website. Refining your offer. Managing cash flow. Getting the business off the ground.

But some legal decisions are much easier – and often less costly – to get right at the beginning than to untangle later.

There are six key areas founders should consider early:
→ Choosing a business structure that suits your circumstances and growth plans
→ Putting a shareholders’ or partnership agreement in place if you’re going into business with others
→ Correctly engaging employees and independent contractors
→ Having appropriate terms and conditions for how you do business
→ Addressing how you collect and use personal information
→ Identifying and protecting valuable intellectual property

Not every start-up will need exactly the same legal framework. What matters is understanding where your risks are, what needs attention now and what can reasonably wait until the business develops further.

Good legal foundations aren’t about adding unnecessary complexity to a new business. They’re about giving it a stronger base to grow from.

“We’ve worked together for years. We don’t need a contract.”Until you remember the deal differently.A handshake agreemen...
03/09/2026

“We’ve worked together for years. We don’t need a contract.”

Until you remember the deal differently.

A handshake agreement or verbal arrangement can, depending on the circumstances, create a legally binding contract. The bigger problem is often proving exactly what everyone agreed to when there’s nothing clearly documented.

Perhaps you agreed on the work and the price. But what about the details you didn’t discuss?
→ What happens if the work is late?
→ Can the price change?
→ Who owns the intellectual property?
→ Can either party terminate the arrangement?
→ What happens if something goes wrong?

These questions become particularly important when an arrangement involves significant money, ongoing obligations, confidential information, employees or contractors, assets or shares.

Putting an agreement in writing doesn’t mean you don’t trust the other party. It gives both sides a shared reference point – and can help protect a good commercial relationship by addressing uncertainty before it becomes a dispute.

And it doesn’t always require a lengthy, complicated contract. Depending on the arrangement, a short, commercially focused agreement may be enough to give everyone greater clarity.

Trust is valuable. Clarity is better.

When should you speak to a lawyer about your business? Preferably before something goes wrong.Business owners make decis...
01/09/2026

When should you speak to a lawyer about your business? Preferably before something goes wrong.

Business owners make decisions with legal implications all the time – often without thinking of them as “legal” decisions.

“We’ve agreed on everything – do we really need a contract?”
“This template looks fine. Can’t I just use it?”
“We all get along. Why would we need a shareholders agreement?”
“Can’t I just hire them as a contractor?”
“I’ve registered my business name. Isn’t my brand protected?”
“This contract looks pretty standard. Can I just sign it?”

There isn’t always a complicated answer. And you don’t necessarily need a lawyer involved in every business decision.

But getting advice at the right time can help you understand the trade-offs, identify risks you may not have considered and put appropriate protections in place while you still have options.

That might be when you’re starting or restructuring, bringing in a business partner, hiring your team, entering an important contract, protecting your IP or preparing for growth or an eventual exit.

A commercial lawyer’s role isn’t just to help resolve problems. It’s also to help you make better-informed business decisions before those problems arise.

Hiring your first employee is exciting.Hiring your tenth is a different challenge.As your team grows, so do the chances ...
26/08/2026

Hiring your first employee is exciting.
Hiring your tenth is a different challenge.

As your team grows, so do the chances of crossed wires, inconsistent expectations and misunderstandings about responsibilities.

Who owns intellectual property created by an employee? Are confidentiality obligations clear? What happens when someone resigns? Have expectations around notice, leave and responsibilities been properly documented?

These aren’t just legal questions. They’re business questions that become more important as your team expands.

Well-drafted employment contracts help create clarity from the outset by documenting expectations before assumptions have a chance to creep in.

If your business has outgrown the contracts you started with, it may be time to review whether they’re still fit for purpose.

If a company owes you money and enters liquidation, starting or continuing legal proceedings isn’t as straightforward as...
23/08/2026

If a company owes you money and enters liquidation, starting or continuing legal proceedings isn’t as straightforward as many people assume.

Once a company is in liquidation, there is generally a pause on legal action against the company. In most cases, creditors are expected to lodge a proof of debt with the liquidator instead of pursuing individual claims through the courts.

There are limited circumstances where a court may grant permission for proceedings to continue, but the threshold is high. The court will weigh up factors such as the nature of the claim, the likely benefit of the proceedings and the impact on other creditors.

If you’re dealing with an insolvent company, understanding your options early can make a significant difference. The right course of action will depend on the specific circumstances and should be considered carefully before commencing litigation. Read more about seeking leave to proceed – link in comments.

It’s understandable to want strong protection when a valued employee leaves your business.But when it comes to post-empl...
21/08/2026

It’s understandable to want strong protection when a valued employee leaves your business.

But when it comes to post-employment restraint clauses, broader doesn’t necessarily mean better.

Courts will only enforce restraints that are reasonably necessary to protect a legitimate business interest, such as confidential information, trade secrets or customer relationships. If a restraint goes further than necessary, it may be found unenforceable.

A recent Court decision reinforced this point, rejecting a restraint that sought to prevent a former executive from working for dozens of businesses across Australia and New Zealand. Rather than rewriting the clause, the Court found it was simply too broad.

Well-drafted restraint clauses should be tailored to the role and the business they’re designed to protect. Trying to cover every possible scenario can sometimes leave employers with no enforceable protection at all. Read more about these clauses in our article – link in comments.

Many founders choose a sole trader structure because it’s quick, simple and inexpensive to set up. But the cheapest opti...
18/08/2026

Many founders choose a sole trader structure because it’s quick, simple and inexpensive to set up. But the cheapest option today isn’t always the best option for tomorrow.

The structure you choose can affect your personal liability, future growth, ability to bring in investors, tax outcomes and even how easy it is to sell your business down the track.

For some businesses, operating as a sole trader is entirely appropriate. For others, the added protection and flexibility of a company structure can outweigh the extra administration involved.

The key is choosing a structure that supports where your business is heading – not just where it is today. Read our guide to find out more – link in comments.

Address

Suite 407, Level 4, 165-167 Phillip Street
Sydney, NSW
2000

Opening Hours

Monday 9am - 6pm
Tuesday 9am - 6pm
Wednesday 9am - 6pm
Thursday 9am - 6pm
Friday 9am - 6pm

Telephone

+611300149140

Alerts

Be the first to know and let us send you an email when Lawbase posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Business

Send a message to Lawbase:

Shortcuts

Share