What are the small print things I should look for when signing legal documents?

5:00AM | Wednesday, 15 May 2013 | James Omond

One of the things about the fine print is that it is often fixed in stone. So beware.

What are the main legal considerations when I get an investor on board?

3:00AM | Monday, 25 March 2013 | James Omond

There are so many issues that arise in this situation, so it is certainly worthwhile getting the help of an external professional.

What do I put in my supplier contract?

2:00AM | Friday, 22 February 2013 | James Omond

Here are a few essential details you'll need to cover in any contract with your suppliers.

How do I ensure our work Christmas party doesn't end in a lawsuit?

12:00AM | Wednesday, 19 December 2012 | James Omond and Peter Vitale

A work Christmas party carries many legal risks, so treat it as an extension of your workplace.

What are the common things put into the small print of contracts I should be wary of?

12:00AM | Wednesday, 12 December 2012 | James Omond

While the fine print is often set in stone, you still have rights under the Australian Consumer Law.

How do I plan for succession without creating a family feud?

11:02PM | Thursday, 29 November 2012 | James Omond

A successful inter-generational hand-over of your family business is a three stage process.

Where do you draw the line between piggybacking a popular brand and ripping it off?

8:32PM | Wednesday, 29 August 2012 | James Omond

Ultimately, it comes down to a cost-benefit analysis: Will the potential costs of a lawsuit outweigh the benefits to your brand or business?

What happens if I go into a franchise and it bombs? Will I have to go to court?

8:13PM | Thursday, 9 August 2012 | James Omond and Leanne Scott of Carter Lawyers

Before you sign a franchise agreement, do your homework and get a lawyer.

Should I even bother dealing with the National Business Register?

6:06PM | Thursday, 28 June 2012 | James Omond

Before you make a decision about whether or not to register a trademark, there are some important facts you need to consider.

Can someone steal my business name by registering it as a trademark?

5:49PM | Thursday, 31 May 2012 | James Omond

There is both a technical and a legal dimension to this question that you need to consider.

With the National Business Name Register, do I still need to register my trade marks?

5:51PM | Monday, 7 May 2012 | James Omond

You should still register your business name as a trade mark – and there’s a very important reason why. BY JAMES OMOND.

A client is refusing to pay. What should I do?

4:38PM | Thursday, 19 April 2012 | James Omond

Unfortunately this issue is all too common, as there seems to be many people out there in the business world who, for whatever reason, feel they don't have to pay their suppliers.

Do I need a lawyer with small business experience?

2:33PM | Thursday, 23 February 2012 | James Omond

Finding a lawyer who specialises in your industry may be more important than finding one who specialises in start-ups.

Is there a way to legally revamp my franchise?

10:01PM | Monday, 10 October 2011 | James Omond

Before you consider leaving the franchise to operate independently of it, it’s imperative you seek advice from a business lawyer.

What are the key elements of a shareholder agreement?

9:59PM | Monday, 12 September 2011 | James Omond

There are two key elements which should be covered in a shareholder agreement – money, and the exit strategy.

I have applied to register my business name as a trade mark but I have received a rejection. What I can do from here?

7:20PM | Thursday, 7 July 2011 | James Omond

There are a large number of reasons why an application can be rejected by the TM Office.

Is it possible to buy the brand of another company or do you legally have to buy the whole thing?

5:12PM | Tuesday, 31 May 2011 | James Omond

What you wish to do is certainly possible, and frequently done, in Australia.

We have employment agreements that contain a probationary period clause of three months. Is it legal to extend this for one of our employees?

5:45PM | Thursday, 5 May 2011 | James Omond

Employers should be encouraged to talk with employees about poor performance even during probationary periods. But as always, seek advice before acting.

At some point I’m planning to expand my brand overseas. When should I start thinking about trademarks?

3:38PM | Friday, 4 March 2011 | James Omond

At the risk of sounding too much like a lawyer, the answer to your question, is No, but a little bit of yes.

Is there any way I can protect my business idea?

2:20PM | Tuesday, 15 February 2011 | James Omond

Unfortunately if your idea is just that -- an idea -- there is very little you can do to prevent someone else from adopting or copying it.