Recent News
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...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...Deed of Guarantee – 6 Key Points
What is it? A deed of guarantee is a legal document in which one person or company guarantees that it will fulfil the obligations of another person or company if it is unable to do so. It is typically used in the context of guaranteeing the repayment of a debt, where...Asset Purchase Agreements – 6 Key Points
What is it? An asset purchase agreement is a contract which governs the sale of business assets from one party to another. Application for small business people If a small business wants to expand, then the owners will often consider acquiring a smaller competing...Website Terms and Conditions – 6 Key Points
What is it? Website terms and conditions are the rules that govern the legal relationship between the owner of a website and the user of the website. They set out the rights and responsibilities of each party in relation to the published content or information...Retail Shop Business Sales: New Pre-Contract Lease Disclosure Requirement
Shareholders Disputes Series (Part 10 of 10) – Bad management of the company
Shareholders Disputes Series (Part 9 of 10) – No market for their shares
Testimonials
Company Director, Brisbane (Commercial Mediation)
“Joe, I appreciate it was a very long day yesterday but we got there in the end. I thought you did a great job and I enjoyed watching your approach and the way you conducted the mediation.” Company Director
News & Publications
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...AIBB Guide – Vendor Finance and Business Sales
The popularity of vendor finance is often cyclical. In tougher economic times, like the current state of the economy, when banks are limiting lending to business buyers, vendor financing becomes a viable if not a key selling point for a business sale. This Guide by...Guide – Independent Contractor or Employee: Business Broking Professionals
Business brokers and real estate agents are typically engaged as contractors to a business. However, just because a worker is engaged as a contractor does not mean that they will be treated by law as one. Regardless of the form of the agreement, if the contractor...Guide – Dealing With Confidential Business Information in Sale of Business
Confidential business information must be considered and protected in the process of selling a business. A business seller must work closely with their business broker and lawyer to determine what should be disclosed and how it should occur. The seller and business...Partnership and Shareholders’ Agreements: What You Need to Know
Businesses often start as an idea. Sometimes, they start as a personal idea that you have cultivated and pursued over the course of your career. read more…
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 at settlement, at which time ownership is transferred. They will then pay the remaining amount at a later date. The vendor will usually charge interest on the outstanding amount and may require security or some other guarantee that full payment will be made. read more…
Environmental Crimes: Liability for Commercial Environmental Damage
Environmental considerations form the parameters of almost all commercial conduct. Those parameters are set by numerous laws, which have been implemented at state, territory, and federal levels. In a commercial sense, environmental protection laws are quite well known. Australia is renowned for maintaining a high standard of environmental management, and such management contributes to the manner in which businesses are operated nationwide. However, the liability attracted by contraventions of environmental law is widely considered to be civil in nature. read more…
Buy Sell Agreements – When Tragedy Strikes an Owner
Co-owners structure their ownership interests in many ways. The impact of tax laws, specific industry regulation and an owner’s desire to protect their personal assets drives the decision on structure.
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: Level 34, Waterfront Place, 1 Eagle Street, Brisbane QLD 4000Our 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
