Legal Articles
Workplace Health and Safety
April 27th, 2021 by | Employment
Most business owners and managers understand the importance of ensuring employees and others feel safe and well cared for in their workplace. Unfortunately however, workplace deaths and serious injuries continue to appear in news reports on a regular basis. There are many other workplace complaints such as minor injuries, hearing loss, chemical injuries, bullying and… Read more »
Why Register a Lease?
January 12th, 2021 by | Conveyancing, Property & Leases
Having a good lease in place is vital to the security and value of your business. While negotiating certain terms (such as a lower rent) is important to making sure the business is profitable while in the property, a tenant also needs to consider if the lease should be registered. So, why register a lease… Read more »
How To Do Succession Planning Successfully
October 2nd, 2020 by | Business Sale & Purchase
Business succession often occurs in an orderly fashion due to people retiring or moving on to other ventures. Sometimes, however, the transition can be unplanned, rapid and more costly where a proprietor suffers financial hardship, illness, death or divorce. Where a business is sold or transferred in a ‘fire-sale’ situation, without the benefit of the… Read more »
Commercial Tenant Not Paying Rent On Time
July 9th, 2018 by | Property & Leases
Unfortunately, it is not uncommon for landlords to encounter problems with commercial property tenants not paying rent on time. To make matters worse, this type of tenant often won’t pay until they have received multiple requests from the landlord or their managing agent. In my experience, no amount of pleading will convert a tenant who… Read more »
Option to Renew Lease (Commercial)
June 28th, 2018 by | Property & Leases
The Retail and Commercial Leases Act 1995 (“Act“) provides that a lease governed by the Act must have a minimum term of 5 years including options. The parties to the lease, and particularly the tenant, may not want to commit to a 5 year term – so an option to renew lease will provide the… Read more »
Buying a Franchise – Pros and Cons
June 20th, 2018 by | Franchises
Thinking about buying a franchise? There are several factors that need to be considered. What’s good and what’s bad about a franchise? Franchises – The Good 1. The business is already up and running There will be an initial outlay of money for the franchise but the purchaser/s should hit the ground running. There shouldn’t… Read more »
Is Vendor’s Statement Necessary When Selling a Business in SA?
May 31st, 2018 by | Business Sale & Purchase, Commercial Transactions
A contract for the sale and purchase of a small business should not be completed unless a Vendor’s Statement, also known as a Form 2, has been provided to the purchaser. The Land and Business (Sale and Conveyancing) Act 1994 (“Act“) and the Land and Business (Sale and Conveyancing) Regulations 2010 (“Regulations“) set out the… Read more »
Property Co-ownership Agreements
May 22nd, 2018 by | Property & Leases
Where two or more people own property, there needs to be complete understanding between the parties regarding their respective rights and obligations. This is particularly important when the co-owners are not married. Very often, the parties will assume they share the same views on how a property is to be maintained and whether or not… Read more »
Tips for Successful Contract Negotiation
April 18th, 2018 by | Business Sale & Purchase, Commercial Transactions, Conveyancing, Franchises, Property & Leases
In most commercial transactions the parties will need to negotiate the terms before agreeing on the final details. Successful contract negotiation is not just about who has greater bargaining power – it is also about research, planning and following some well recognised guidelines. Examples of these transactions include; shareholder agreements, partnerships dissolutions, commercial leases, the sale… Read more »
Leaving a Franchise
March 21st, 2018 by | Franchises
Before Leaving a Franchise The best advice we can give you before leaving a franchise is the same as we would give before entering a franchise – read the franchise agreement and disclosure statement and, above all, get independent legal advice before you sign anything. This will help you avoid some of the more common… Read more »
Lawyers Adelaide
August 10th, 2017 by | Business Sale & Purchase, Commercial Transactions, Conveyancing, Court Disputes, Debt Collection, Deceased Estates & Inheritance Claims, Property & Leases, Wills & Estate Planning
Lawyers Adelaide Beger & Co Lawyers Adelaide provide legal services in a wide number of areas. These range through personal and business legal matters for our clients. Some of our more commonly requested legal services include: Wills and Estate Lawyers Adelaide A large part of our legal practice’s activity is acting as wills and estate… Read more »
Stamp Duty on SA Business Transfers Abolished
March 21st, 2017 by | Business Sale & Purchase, Commercial Transactions
Stamp Duty was abolished from all SA business transfers from 18 June 2015 but this is still (good) news for lots of people. In fact, SA stamp duty was abolished for transfers of all non-quoted marketable securities (shares in private companies), units in unit trusts and all non-real property (non-land) transfers which includes licences such… Read more »
Unfair Dismissal at Harley Heaven
June 10th, 2015 by | Employment
As recently reported in ‘The Advertiser’, a worker unfairly dismissed from his employment at Peter Stevens Motorcycles (‘Harley Heaven’) was awarded substantial compensation by the Fair Work Commission after a contested proceeding. Beger & Co’s Peter Jakobsen acted for the dismissed employee, who was alleged to have hit a fellow employee and subordinate. The employee… Read more »
Crazy But True: 20% Yield on ‘Pet-Friendly’ Holiday Homes in South Australia
May 22nd, 2015 by | Business Sale & Purchase, Commercial Transactions, Conveyancing, Property & Leases
When the average yield for a 3 bed house in Adelaide is around 4.5%, is it really possible to buy an average 3 bedder that grosses 15% or higher? Yes it is! But of course, there’s a unique business model behind this strategy. One of my long term clients, Melinda Mayne, bought a very ordinary… Read more »
Starting a New Business? Tax Incentives – Tick. What Else?
May 13th, 2015 by | Business Sale & Purchase, Commercial Transactions, Employment, Finance & Securities, Franchises
If you have been thinking about starting a new business, now might be a great time with the introduction of a number of significant small business incentives set out in the Federal Budget for 2015/16 announced on 12 May 2015. The tax incentives for new business start ups include: Small business tax rate cuts (the 2015/2016 tax… Read more »
