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Is your business’s independent contractor actually an employee?

How to find out whether your arrangements are compliant As a business owner or manager, it can be tempting to consider and treat those working for you as “independent contractors” rather than employees. But with the Australian Taxation Office and the Fair Work Ombudsman beginning to take a greater interest in this issue, it’s a […]

Performance management for your business’ employees

Real world examples demonstrate what not to do An unfortunate but necessary part of running or managing a business is performance management. And generally of course, when we talk about “performance management”, we really mean the process of managing underperformance. Examples of underperformance include an employee’s failure to perform the duties of their position or to the […]

How much does it cost to set up a franchise business?

The 9 potential franchising fees you need to be aware of When you’re considering investing in a franchise, naturally it’s crucial that you have the complete picture of the business to help you with your decision making. Under the Franchise Code your potential franchisor must provide you with the relevant documentation about their business model […]

How to avoid prime cost and provisional sum traps

What to look out for in your home building contract When you set out to build a new home, or renovate your existing house, you’ll no doubt be motivated to keep to the budget you’ve set. Yet there are a few different things that can cause you to go over budget on your home building project. […]

How to resolve a dispute with your home builder

The steps you can take to resolve your problem as soon as possible While building a new home or completing a renovation can be very exciting, unfortunately sometimes it can also be a very stressful time. Most builders do great work – yet from time to time, disputes with your builder cannot be avoided. If you do […]

The Building Industry Fairness Act comes into effect 17 December 2018

The four major changes you need to be aware of: Parts of the Building Industry Fairness Act (Security of Payments) Act 2017 (‘the BIF Act’) commenced on 1 March 2018 (Project Bank Accounts), but the major overhaul of the security of regime will finally start on 17 December 2018. See our previous Project Bank Account news […]

How does BIFSOPA apply to builders?

The ways your contracts and systems need to change BIFSOPA is now in effect and applies to existing AND new contracts. All payment claims are claims under the new Act, which is important because it affects many aspects of your business. For example, the Act affects: Payment claims Claims after practical completion Payment schedules Pre-conditions […]

How do I make a new payment claim if I’ve missed the BIFSOPA time limit?

What you can do to get paid, once the time limit has expired If 25 days have gone by from your payment claim and you didn’t notice, you now have no payment and no payment schedule from the developer. The reality is, you have missed your chance for payment this month because under BIFSOPA you […]

How do I enforce my payment claim under BIFSOPA?

Tips on what you can do to receive payment The new BIFSOPA act is now in effect, which means your business practices must change with it. In this blog post, the MDL Construction Law team run you through how you can enforce your payment claim to comply with the new procedure. An example of when […]

What you need to know about the Australian Financial Complaints Authority (AFCA)

The new ‘mega ombudsman’ for complaints regarding financial disputes If you feel you’ve been treated unfairly by an insurer, bank or other finance provider, there is now one place to go in Australia for consumers and small businesses to submit complaints regarding financial disputes. From 1 November 2018, the Australian Financial Complaints Authority (AFCA) has been […]