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Every employment relationship involves give and take. The employee gives his time and labour which the employer takes in return for giving a salary. Sometimes this scenario of give and take goes beyond what’s acceptable such as when the employee “takes” without permission.

Some of our readers may be familiar with the “Phoenix Checklist” that was developed by the CIA to encourage problem solving but few would have attempted applying its line of thinking to mediation. Using that checklist as a guide here is our expanded and adapted list of questions to consider when heading off to your next mediation.

As a small business you will encounter many standard form contracts that leave you with limited room to negotiate so that the final and signed version of the contract could contain unfair terms. In the past small businesses were expected to put up with these unfair terms or find another provider (if one was available). This scenario no doubt lead to frustration for many small business owners ...

​As a Sydney commercial litigation lawyer who recently decided to put my 10 years + experience to use by “hanging my shingle” in a start-up called Litigant I discovered that a great deal of my time was devoted to building new client relationships and taking exceptional care of those already on board.

Conceptually the idea behind damages in tort is to place the plaintiff in the position that would have been occupied if the tort had not been committed assessed as at The Date of the Breach (except in personal injury when the trial date is used).

In some cases where a contract has been breached common-law damages may be inadequate and a plaintiff will be interested in obtaining specific performance instead. This form of relief is an equitable remedy and as such is discretionary.

I recently met a futurist. He told me that clients of law firms are essentially interested in two things: (1) will I win? and (2) how much will it cost? I would add to that list a third question: (3) what will be the damages?

No one likes to spend money on lawyers. If you would rather spend your money on developing your business instead of feeling anxious about a court case and your lawyers bills then these suggestions could help you avoid a legal wrangle altogether.