• Commercial Law

    Is your Australian Business Legal and Legitimate?

    Are you concerned about the costs involved in hiring a lawyer for your business requirement? Spending a small fee on hiring reputed commercial lawyers can help protect you against expensive liability and stressful lawsuits. Ignorance of Australian commercial laws can dramatically increase the risks of litigation and court action. After all, you want to proceed with running your business in the best way you can without feeling stressed about potential lawsuits from employees, customers and suppliers etc. A good lawyer can help protect your valuable assets and monies from the threat of litigation by keeping a close eye on your business affairs from the start.


    Starting your own business can be exciting and exhilarating. Hiring a commercial lawyer can help anticipate and tackle potential problems in a prompt and efficient manner. Many new business owners may not be aware of the ramifications of starting their own business. This is why it’s extremely important to have written and signed contracts in place for every commercial transaction and business relationship.

    Contracts play an extremely important role in business operations. The following points explain why it’s important to seek legal assistance with respect to contracts:

  • Alternative Dispute Resolution
    Commercial Law

    Alternative Dispute Resolution – A Better Way to Resolve Commercial Disputes

    Alternative dispute resolution (ADR) is a popular concept in today’s high stakes, competitive, and expensive commercial litigation industry.  I use the word industry purposefully because in some sectors, litigation is a form of business, conducted with profit and loss statements with attorneys generally on the winning side no matter what the outcome in court.

    ADR is meant to provide a more cost effective, and equally fair, method of resolving disputes.  ADR can take the form of mediation, arbitration, binding arbitration, and a variety of mixtures of those approaches.

    In a general sense a mediation is a conference between opposing parties with an experience person (often a lawyer or a retired judge) acting as a moderator.  The mediator will ask both parties to submit documents and other information so she can be as well versed in the subject matter before the conference begins.  Then, as the meeting progresses, a mediator will shuttle between the parties looking for common ground, pointing out weaknesses in positions or arguments, and generally attempting to bring the parties close enough that they can actually reach a settlement.

    Arbitration is more formal and feel more like a courtroom setting. An arbitrator is typically governed by the rules of the American Arbitration Association.  This person will ask for papers and other evidence before the arbitration, and then will listen to testimony and statements by both sides before making a final judgment, typically after a period of days or weeks considering each sides argument.

  • False Advertising Claims
    Commercial Law

    It Matters What You Say – False Advertising Claims

    When considering a claim of false advertising it’s first important to understand what “advertising” is.  Typically, advertising is defined as commercial speech, made for the purpose of influencing someone to buy a product or service, that is then disseminated to the relevant audience.

    But speech is often misconstrued and it depends on the reader or listener what message is actually conveyed.  That is why a claim of false advertising is evaluated from the perspective of the consumer.

    If there is a claim of false advertising, it’s important to understand who can bring the claim?  First, the government can bring a claim with agencies such as the Federal Trade Commission, State Attorneys General, etc.  Competing companies can also bring claims under federal statutes such as the Lanham Act and some state laws.  Consumers may also bring claims and typically do so in the form of a class action.

    To proceed with a false advertising claim the claim itself must be substantiated. This is a term of art and has special meaning in this contact.  To substantiate a false advertising claim you must:

    • Competitive claims must be true. They are also prohibited from being misleading.  What can constitute misleading?  Omitting material facts, using suspect or convoluted phrasing, apples and oranges comparisons.
    • Claims must be validated: Saying something true is not good enough, claims must be validated in a measured and reliable way, with supporting documents.