Case Studies

Trade Practices cases involve such areas as price fixing, price discrimination, restraint of trade (including certain types of exclusive dealing eg. third line forcing), abuse of market power, misleading & deceptive conduct and unconscionable conduct. The Act provides certain product warranties for consumers, and extensive damages and other remedies can be awarded by the courts for breaches of the Trade

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There are few areas of dispute which are as costly and as destructive of relationships as disputes concerning Wills and estates. It is common for families to be torn apart and relationships irreversibly destroyed as a result of the acrimony and unpleasantness associated with litigated proceedings concerning a Will or the division of an estate. The consequence may be that

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Dealing with the expectations and demands of employees can create unique problems for business.The advent of workplace bargaining provides management and workers the opportunity to restructure relationships with particular regard to their local needs, without many of the rights and obligations that characterise awards of the industrial relations statutory tribunals.The challenge is to undertake change to the benefit of all

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Workplace conflict is inevitable as the pressures of getting the job done creates tension between co-workers, supervisors and management. In fact supervisors spend around 25% of their time resolving workplace disputes. Conflict in the workplace results from a variety of causes, and can be positive if it is part of the team’s culture to seek better outcomes, however it must

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The most common contract signed by any small business is a contract to supply or receive goods or services. Supply contracts can suffer from problems relating to breaches in performance. Supply disputes are commonly focussed on matters such as price, delivery of goods, quality, and customer service standards. Case Study  Supply Background Mike Jones was a small manufacturer of quality

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The relationship between landlord and tenant is often difficult and can result in disputes across a wide range of issues, including rent, lease term, relocation, redevelopment, quality and maintenance of premises, annual rent reviews, fit-outs, and terminations. It is imperative before signing a lease that you seek professional advice on both the commercial and legal aspects of the agreement. Time

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Partnerships are an effective way to conduct businesses involving a small number of people where the need for limited liability is not considered necessary. Many partnerships are family businesses, as the cost of set up and on-going reporting is low, and the informal, flexible structure suits the parties. Partnerships are also common for professionals such as Accountants, Doctors, and Lawyers.

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Franchise contracts vary from simple product to more complicated business format franchises. They all place obligations on the parties to meet performance standards. More than any other business area franchising relies on positive business relationships and effective communication as the failure of either party to meet their obligations may result in financial loss for the other party. Many disputes arise

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Dealing with government can be like trying to find your way in a maze without a map. To succeed you need to know who you are dealing with, the department, the policies, procedures, and the relevant authorities which govern your contract.Disputes with government arise for all the same reasons as private enterprise, however, there is the added complication of the

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Disputes with customers are a common occurrence for small business and need to be handled quickly and professionally to maintain your goodwill and reduce the risk of financial loss. It is important that your organisation is fully aware of its obligations under the consumer laws and has procedures in place to ensure compliance on a routine basis. If a complaint

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