Recent News
When a Director Departs: What Executives Need to Consider
In a previous article, we spoke about restraint clauses. But we didn’t cover restraint clauses in relation to company directors, who want to start their own companies. Like most employees, company directors have access to the inner mechanisms of a business. Unlike...Restraint of Trade Clauses and your Rights
Almost everyone has signed an employment agreement or contract before. Usually, it’s an experience filled with budding opportunity. After all, employment is the gateway to a long and fulfilling career. However, for some people that agreement can gradually become a...Fraud in Business: Recognising the Signs
In terms of business-related crimes, fraud is among the more common. However, recognising fraud is more challenging than most realise. All fraud offences are predicated on an element of dishonesty. But that is generally the extent of their similarities. Fraud offences...Confidentiality Agreements: Protecting Your Information
Confidential information may be confidential for a range of reasons. It might be a trade secret—something that must remain secret for the sake of your business. Alternatively, it may be confidential for reasons of privacy; perhaps your business stores customer data,...Criminal Anti-Competition Laws in Australia
Business and competition go hand in hand. For a business to grow, that business must compete with others in its field. However, there is a limit on what conduct is permissible in terms of remaining competitive as a business. Conduct that exceeds that limit risks...Bribery of Government Officials: An Offence in the Commonwealth Criminal Code
Bribery is a widely accepted and well-known crime. It is not unique to Australia, and most consider it a pretty easy crime to identify. However, as with all crimes, there are grey areas. Occasionally, during the course of business, company owners or representative...Tax Crimes in Australia
Introduction Tax crimes are many and varied. There is a diverse and wide-ranging spectrum of tax crimes in Australia, all of which attract different penalties. And, while most business owners are aware of their obligation to pay tax, navigating the system itself can...Corporate Criminal Liability: Criminality and the Divide Between Individuals and Companies
Introduction It has long been recognised in Australia that companies may be held liable for the crimes they commit. That is to say, if a company commits an offence, or breaks the law, it will be punished as if it were an individual. Often, though, complications arise...What is Champerty and Maintenance?
Introduction Champerty and maintenance is an unusual term; it doesn’t receive much attention, for the most part. Of course, its name is derived from archaic terms. Those terms were used to describe the maintenance of legal proceedings by a disinterested third party,...The Tort of Intimidation: When is it a Crime and When is it a Tort?
Introduction The idea of intimidation in a business context is concerning to any business owner. It’s not common, but when it occurs there is more than money at stake. Intimidating conduct can have a serious personal toll. That is why the law is positioned to...When Does Defamation Affect your Business and What Can you do About it?
Introduction Of the economic torts, defamation is emerging as one that we see more frequently than others. It is also one of the more widely known and referenced. However, often, references to defamation don’t do justice to its complex nature. Recognising defamation...Deliberate and Direct Interference: The Tumultuous Tort of Inducing Breach of Contract
Introduction A contractual relationship is not often considered within the scope of torts law. In fact, it is a distinct area of the law, governed by a series of well-established principles. It is well-known, as well, that contractual relationships give rise to...Economic Torts: Limits on the Conduct of Business
Introduction The world of business is inherently competitive. Often, business owners can feel as though they’re on the defensive, with other commercial entities constantly growing around them. Of course, for many, that is simply the nature of business. But there are...What is Insider Trading?
Insider trading is a financial crime. Although it does not receive quite as much attention as other financial crimes, such as fraud, it remains relatively pervasive. However, the classification of insider trading is quite complex, and below, there is a more extended...Protecting Commercial Information: Confidentiality Agreements and the Duty of Confidence
Introduction Confidential information may not be something that most people associate with ordinary business. However, most businesses deal with information that demands a certain degree of confidentiality. That information may not necessarily relate to daily...What is a Guarantor?
Introduction In any commercial agreement or transaction, financial security is key. All parties to an agreement want to ensure that their interests are protected. However, that’s not always an easy thing to ensure. After all, there are plenty of variables to take into...How to Protect your Personal Assets as a Business Owner
Introduction As a business owner, you put a lot into your work. Time, effort, and money are the main foundations of a successful business. Often, though, operating a business is an exchange and what you put in is what you get out. As a result, you can find your...What is a Company Constitution?
Introduction Most people are familiar with the term constitution. However, that’s normally in the context of countries and governments. Far fewer people are familiar with the laws surrounding company constitutions. That’s understandable, too; company constitutions are...Manufacturing Agreements – What You Need To Consider
What is it? A manufacturing agreement is a contract between the developer or owner of a product and the person or company who makes the product. Application for small business people Small business people will often come up with the idea for a product that they want...Assignment of Debt
What is it? An assignment of debt is an agreement that transfers a debt, and all of the legal rights and obligations attached to it, from the creditor to a third party. The third party may be an individual or a company, such as a debt collection agency. Application...Business Management Agreements – What You Need To Know
What is it? A business management agreement is a contract used with the owner of a business engages another party to run the business on a daily basis. Application for small business people Business management agreements are useful for small business people who want...Service Agreements – 5 Key Points
What is it? A service agreement typically refers to the contract between an employer and a person or company hired by the employer to perform a specific task. Application for small business people Service agreements are essential for small businesses that need...Vendor Finance Agreements – A Basic Summary
What is it? A vendor finance agreement is a contract between a buyer and a seller, whereby the seller agrees to assist with funding the purchase price. The arrangements vary depending on the circumstances. Typically, the buyer will pay a portion of the purchase price...Customer Terms and Conditions – 6 Key Considerations
What is it? Customer terms and conditions are the rules that set out the rights and responsibilities of each party to a commercial transaction. It is usually be a supplemental document to the sale contract (if there is one) and it is generally standardised for all...Supplier Agreements – 5 Key Points
What is it? A supplier agreement is the contract between the supplier of a product or service and the person or company who is purchasing that product or service. Application for small business people Supplier agreements are frequently utilised by small business...Share Sale Agreements – 6 Key Points
What is it? As the name suggests, a share sale agreement is a contract whereby one party agrees to purchase shares in a company from the other party. Application for small business people If small business people wish to acquire a new business, then one way of...Put and Call Option Agreements – The Key Considerations
What is it? A put and call option agreement is an agreement that one party will purchase property from the other party by a designated date. In most put and call option agreements, the purchaser may “call” the seller to sell the property, or the seller may “put” the...Partnership Agreements – 6 Key Things To Consider
What is it? A partnership agreement is a contract between two or more people who go into business together. It sets out the percentage ownership of each party, the method of distributing the businesses profits and losses, the rights and responsibilities of each...Option Agreements – 6 Important Points
What is it? An option agreement grants one party the exclusive right to purchase a specific asset or property at a set price for a designated period of time. During this time period, no one else will be entitled to purchase the property or asset. The sale price of the...Mortgage Agreements – 6 Things To Consider
A mortgage agreement is a contract between a borrower (the ‘mortgagor’) and a lender (the ‘mortgagee’) whereby real property owned by the borrower is held by the lender as security for a loan. If the borrower defaults on making the loan repayments, the property may be...Testimonials
Company Director, Brisbane
Joe Kafrouni has been our company’s lawyer from the beginning and has been instrumental in our journey as company owners and directors. When dealing with both complex and sensitive company issues, Joe is able to provide us with clearly articulated strategies that are well thought‐out and with the bigger picture in mind. He genuinely cares and is always willing to share his personal views, which are both honest and just. Joe is highly professional and knowledgeable in his field. You will definitely benefit having him on your team.
News & Publications
Australian Company Law – Small Business Guide
The laws applying to Australian companies are substantial and complex. The key to Australian company law is the Corporations Act 2001 (Cth), as amended from time to time. It is a delight that a recent amendment created a “plain English” guide to company...A Practical Legal Guide to Starting a Business
This Guide is designed for use by business people and professional advisers when starting a business. The purpose of the Guide is to explain some of the key issues, specific risks and the potential for getting things wrong and some opportunities where professional...A Practical Legal Guide to Buying A Business
This Guide is designed for use by buyers of businesses, business brokers and professional advisers when buying a business. The purpose of the Guide is to explain some of the key issues, specific risks and the potential for getting things wrong and some opportunities...AIBB Guide – REIQ Business Sale Contract Queensland
This Guide by Kafrouni Lawyers and the Australian Institute of Business Brokers (AIBB) is designed for use by buyers and sellers of businesses, business brokers and professional advisers when using the REIQ Business Sale Contract (“Contract”). The purpose of the Guide...When a Director Departs: What Executives Need to Consider
In a previous article, we spoke about restraint clauses. But we didn’t cover restraint clauses in relation to company directors, who want to start their own companies. Like most employees, company directors have access to the inner mechanisms of a business. Unlike employees, though, company directors are at the helm. The information they can access is often significantly more sensitive than that which is available to others within the organisation. Understandably, companies want reliable assurances that their sensitive information won’t be put to use against them. However, directors frequently start their own companies. After all, directors are well-positioned to apply their specialist knowledge to the management of a new company. They routinely take career opportunities that are presented to them, and have every right to do so. But what about the information they possess? There are two primary mechanisms that companies employ to gain the assurance that their former directors won’t work against company interests. The first is directors’ duties, and the second is restraints of trade. So let’s have a look at how they work. read more…
Restraint of Trade Clauses and your Rights
Almost everyone has signed an employment agreement or contract before. Usually, it’s an experience filled with budding opportunity. After all, employment is the gateway to a long and fulfilling career. However, for some people that agreement can gradually become a source of restriction. When it’s time to move on from a job, to starting your own business, there are plenty of obligations to navigate. There’s notice; you’ve got to give your employer plenty of that. Then there’s the financial side of things; you’ve got to make sure you receive everything you’re entitled to. But there’s one more obstacle that often catches burgeoning businessowners by surprise: the restraint of trade. read more…
Fraud in Business: Recognising the Signs
In terms of business-related crimes, fraud is among the more common. However, recognising fraud is more challenging than most realise. All fraud offences are predicated on an element of dishonesty. But that is generally the extent of their similarities. Fraud offences are, in fact, varied quite markedly in their nature. As a result of that, recognising fraud in certain circumstances is difficult. Nevertheless, maintaining a suitable distance from fraudulent activity is a matter of priority for all businesses. read more…
Confidentiality Agreements: Protecting Your Information
Confidential information may be confidential for a range of reasons. It might be a trade secret—something that must remain secret for the sake of your business. Alternatively, it may be confidential for reasons of privacy; perhaps your business stores customer data, or other sensitive personal information. Most businesses deal with information that demands a certain degree of confidentiality. But in some situations, it’s necessary to disclose your information, or other people’s confidential information to a third party. So how can you control that information once it leaves the safe confines of your business? read more…
Leadership
Our firm is led by Joe Kafrouni, with over twenty years' experience in law. Joe is a Queensland Law Society Accredited Specialist in business law. “I am driven to help my clients succeed."
Expertise
We are business law specialists focused on the smaller end of town - SME, private and family companies only. We help business people start, buy, grow and exit businesses and solve business disputes.
Where We See Our Clients
We are based at:
Newstead: Level 2, Lobby 1, Gasworks Plaza, 76 Skyring Terrace, Newstead, Qld, 4006.
Parking: 2 hours free parking available at Newstead offices.
Our office is only one option – we are not attached to them. Here is how we regularly meet our clients. Tell us what suits you.
Contact us at:
- Phone: +61 7 3103 3199
- Email: info@klaw.com.au
