Commercial Law

Companies

When a business trades as a Company, it must be registered with ASIC and all changes must be notified:

Change to Director/Company details:

Change to Director/Company details:

Change to Director/Company details:

Due within 28 days of date of change

Late fee: 
$87.00 (one month late)
$362.00 (over one month late)

Lodging Financial Reports
(Form 388):  

Due within four months of end of financial year

Late fee: 
$87.00 (one month late)
$362.00 (over one month late)

Common Fees

Registration of Proprietary Company

Change of Company Name

$538.00

$443.00

$87.00

$44.00

Change of Company Type

Change of Company Type

Voluntary Deregistration

Business names

When a business trades under a business name, it must be registered on the National Business Names Register and all changes must be notified to ASIC.

Common Fees

New Registration or Renewal 

One Year: $39.00  Three Years: $92.00

Business Grants & Assistance

Search for government grants and assistance that might be available for your business: business.vic.gov.au/grants-and-programs

Franchising Code of Conduct

All franchisors and franchise businesses must comply with the Franchising Code of Conduct which can be found at www.legislation.gov.au/Details/F2022C00463

Personal Property Securities Register

What is it?

What is it for?

A national register of security interests over assets. It replaces various state-based registers and company charges

It recognises and protects the interests of people who hold security over other people’s assets

Where are more details?

Trade Practices

When a Company conducts a business, neither the Company nor its Director can breach the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act), failing which prosecution may ensue with significant penalties.

Change to Director/Company details:

Prohibited Conduct

Sections 20-22

Sections 29-31, 33-34

Section 35

Unconscionable conduct

Harassment and coercion

Offering gifts and prizes with no intention to providing them

Misleading and deceptive conduct

Australian Consumer Law Reference

False or misleading representations

Bait advertising

Referral selling

Section 18

Section 49

Section 32

Section 50

If you purchase goods of up to $100,000 value for use within your business, your rights are protected to ensure the goods are safe, durable, free from defects, fit for purpose, acceptable in appearance, match their description and match any sample or demonstration model.

Unfair Contracts

Standard form contracts for goods and services with consumers and small businesses (i.e. businesses with <20 employees where the contract value is <$300K or <$1m if the contract is for more than 12 months) must comply with the Australian Consumer Law.

Change to Director/Company details:

When is a term unfair?

If it causes a significant imbalance in the rights and obligations of the business and its customers and is not reasonably necessary to protect the legitimate interests of the business. This could include terms permitting the business to unilaterally:

  • avoid or limit the performance of the contract
  • terminate the contract
  • vary the terms of the contract
  • vary the upfront price payable under the contract without the consumer being able to terminate it
  • renew or not renew the contract, and
  • vary the characteristics of the goods or services supplied under the contract.

An unfair contract term may become void, although the rest of the contract may remain valid. The Court may also make other Orders, such as injunctions or monetary penalties.

What are the consequences?

Legal Disclaimer

The information contained in this app is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

Liability limited by a scheme approved under Professional Standards Legislation