Cloud storage, cloud accounting packages and similar applications for communication and recording of information have changed the face of business forever. Before you run off to your lawyers in a panic, please read some of the following information.
While these advances have been beneficial to company directors who can discharge their duties at greater speed and from almost any location, we should pause for thought about whether or not these advances can potentially place directors in breach of their duties to the company.
Good commercial lawyers can explain and advise on Section 286 Corporations Act 2001 (Cth) (“Corporations Act”) requires the company to maintain records of financial information that accurately reflect the financial position of the company. The records can be kept electronically on the proviso that the electronic records can be converted into paper records within a reasonable time after a request is made (s288).
Pursuant to s289 the company can decide where to keep its financial records, however if they are kept outside of Australia the company is required to keep sufficient information to allow preparation of accurate financial information inside Australia; and notify ASIC of the place where the records are kept.
The cloud implications of this are clearly the location of the records. More often than not, the cloud server on which your data is stored will be located in a low-cost jurisdiction, generally not inside Australia. Financial information, pursuant as defined in s9 Corporations Act includes all source documents, statements, entries and adjustments in books of account.
Captivating web designs always have a competitive edge over any other website design. It is essential for a website to be listed high in search engine rankings so that it can be easily found by the searchers.
Higher the ranks, easy the search
A nicely built website designed by web design professionals entwined with artistic designs and precise yet detailed information is the one desired for exploration. Imagine, who would want to mark his presence on a website that has incomplete information and a dull composition? The searchers need a reason to visit the website. Each website must have certain design structures in order to rank high in a SEO campaign.
Let us have a look on few of the web designing tips required to accelerate the search engine rankings.
The traditional means of marketing have become quite dull to grab audiences’ attention. Digital marketing methods on the other hand are very impressive in bringing the audience close to any brand. Therefore, every brand that is part of the online world needs to ensure that they have maintained an appealing image in the eyes of the audience. Without a solid and easily recognizable online image, brands will be unable to attract customers and succeed.
Greater Business Opportunities
The world of internet is overflowing with opportunities for businesses to grow. A brand can easily reach out to its target audience through online platforms and even interact with their customers to build good relationships as part of its overall online reputation management. These opportunities cannot be utilized by traditional means, which is the reason a sound online presence is important for every brand.
Furthermore, due to the popularity of internet, consumers now prefer researching about a company online then go out and make the purchase immediately. If someone is looking for a good dine in place, they will first look for restaurants online. This provides business a great chance to entice customers with their appealing online image. Similarly, bad reviews on your brand can really mean losing business.
eCommerce is one of the best and most effective ways to earn windfall returns on investment. The online platform offers the perfect tool to attract great number of qualified leads. The digital arena is full of online marketing tools that can be harnessed to generate large number of online leads. Social media advertising, search engine optimization, online forums, press release sites, and business directories are just some of the few online tools that can be used to funnel maximum number of visitors to the site.
One of the greatest benefits of starting up an ecommerce store in Australia is that it does not require investing large amount of capital. With just a few hundred dollars, individuals can set-up an online store offering goods and services to the consumers. Moreover, the overhead costs are little as compared to running a brick-and-mortar physical store. And the best part is that there are various ways that entrepreneurs can cut online eCommerce costs thereby boosting online revenues.
Below we have listed 5 effective measures that eCommerce businesses can implement to cut overhead costs.
1. Streamline Supply Chain Distribution Process
Streamlining supply chain and distribution process is one of the best ways to cut online costs. Incorporating supply chain management measures such Just in Time Inventory (stocking just the required products), integrated supply chain methods, vendor managed inventory are some of the ways online companies can streamline their supply chain process and earn above average return on investment.
“Trademark”- in simple terms, a brand indicator that lets customers know the basis of a good or bad service. Thus, a central role of concern in trademark lawsuit cases is played by the fact whether a customer is puzzled by the origin of a product or service.
The court came out with 7 factors in order to find out if customers were puzzled (or were expected to be puzzled) by the businesses’ names. The court carried out a balancing test to conclude if score was in support or in opposition to consumer confusion.
The 7 factors that they weighed which you might wish to think about when naming your business:
The Mark Strength
A mark is a business’s trademark (the name word, design or symbol that classifies the business, product or service) in trademark law. Marks could range from quite low and weak to very strong: generic, descriptive, suggestive and arbitrary. The more the mark is strong, the higher the protection it gets under trademark law.
With estimated online sales totalling $40.83 billion for the year 2014 and more projected in 2015, the eCommerce industry in Australia is becoming more attractive each passing year. Online businesses have revolutionized the way retail sales are conducted in Australia. And it is projected that online sales will continue to grow in popularity in the coming years presenting significant opportunity for eCommerce businesses.
Online selling can be conducted 24 hours a day and seven days a week. This presents a great opportunity for online businesses to earn windfall returns on investment. Thanks to the ease of setting up a business online, budding entrepreneurs can easily create a start-up business without investing huge amount of money. However, there are certain challenges and roadblocks that business owners have to face when setting up an online business. Here we will take a look at three main challenges faced by fledgling online businesses and the tactics that can be employed to overcome them without much difficulty.
There is no escaping the rapid advance of technology. People are interacting in ways that would have been completely alien to businesses and their employees just decades ago. Keeping in step with technological innovation, people are always seeking easier and faster ways to carry out their business. Doing business with people all over the country leaves little room for physical documents, or the signatures that are commonly used on them.
The electronic signature is commonplace now, but there is still concern about just how valid they are. Would they be legally binding in court, for example? According the the law in Australia, electronic signatures are in fact considered valid for signing agreements. Trouble arises when it becomes difficult to identify who actually signed a contract, or whether they were aware of the implications of signing. There are special tools that can identify the parties, and these can help to reduce the risk of a signature being declared invalid in court.
The ecommerce industry says that the amount people spend online is heading in just one direction and that is upwards. If you own an ecommerce business in Australia, it is time to ask yourself if your business is going the way you had planned. If it isn’t, then it means that you are not following the top ecommerce business trends in Australia.
The fact is that the retail industry has gone through several changes, and is on the verge of a new ecommerce era. The Australian Bureau of Statistics shows that the net income from internet sales between 2011 and 2012 was approximately $237 billion, which is a big achievement. As an increasing number of people are choosing online retail stores to shop for their goods, competition between various players in the industry continues to grow. Therefore, your best shot is to follow the latest trends and lead the market.
Here’s a list of the latest ecommerce business trends to follow in Australia, based on the behaviours of the ecommerce customers in the country.
In online marketing, the greater the visibility of your business is, the greater the chances of conversions will be. As of today, nearly every business wants to leverage on getting qualified leads more quickly and efficiently than their competitors. Other than online marketing campaigns and advertisements, business listings on local search directories is an effective way to get more exposure, and affordable too.
In fact, Bright Local states that 31% of SEM activities are focused on building local SEO strategies. Despite that, some businesses may fail to understand the ability of local search directories, even through 8 out of 10 people would look up in those places when finding products, services, or businesses. If you’re still not sure about local search directories, here are five reasons why you should list your business today!
Applying for a business loan is Australia requires you to follow a standard set of guidelines as issued by the local government. One of the preliminary requirements for a business loan is to have a detailed business plan and contingency plan prepared that informs the potential lender(s) about your venture.
While a contingency plan is not really necessary like the business plan, it can help increase your chances of being awarded a business loan. Let’s take a look at some of the things you need to consider in order to qualify for a business loan in Australia.
Creating a business website is one thing, creating an online presence is quite another. To create an online presence, you need to have a live and active website that serves its purpose. Depending on the nature of your business and your target market, you must have a branding, marketing, and revenue strategy to take your business, its products, and services online.
We’re in 2015, and it’s much easier to take your products, services, and solutions online than ever before. With ecommerce developing as a sustainable platform, opening an online store gives you the convenience of scaling operations like warehousing and consignment management. Let’s take a look at three ways you can take your business products and services online.
It’s a prerequisite that any start up or established business today must have an online presence, regardless of whether it’s an active one or just for referrals. In fact, one of the key drivers of success for an Australian business today is having an engaging and reliable online presence.
While tracking ROI on online investment can be difficult, there is no denying that a good online marketing and branding strategy can turn around the fortunes of your business. If you’re still thinking about whether or not you should take your business online, consider these factors that will change your mind!
Virtually Limitless Marketing Opportunities
Just think about this for a moment – almost 90% of the population in Australia has access to the Internet, which means there are more than 21 million Internet users in the country. However, only 52% of the people use it for business and work purposes. In other words, there’s a huge market and potential for your business on the Internet that you are wasting by not going online.
Getting your business online enables potential customers to know more about what you offer, something which they didn’t have access to, with traditional marketing strategies. Online marketing gives your business the opportunity to reach out to a large number of customers that would otherwise spend their money on your competitors.
For instance, if you are opening a new sushi bar in Melbourne, you will be able to get more customers by creating an online presence and through marketing, than with traditional flyers, brochures, and newspaper advertisements. While we are not asking you to give up on traditional marketing because human interaction can never be replaced, online marketing helps you do much more for less!
Do you plan to set up your very own ecommerce business? Have you planned out each detail and see great potential in your new enterprise for business success? Then what are you waiting for? Get started!
But before you set out to begin your business, make sure you know the steps to setup an ecommerce business and run it successfully in the industry without any problems.
To get started in ecommerce, you need to be aware of all the details and trends in the industry. Know the dynamics which govern the market and be aware of what you can do to make the conditions beneficial for you.
Be mindful of the following things before you setup your online business.
Know About the Work Involved In Your Online Business
To start an online store, you will need to have a clear idea of the competition in the industry, the prevalent trends and the essential factors needed to initiate a successful start-up.
Make sure that you know how to manage needs of online customers and their orders, and have a team to constantly update and add new content on the online store site. Employ the best people for managing the different marketing and social media channels and give your business the exposure and boost it deserves in the initial phase.
WordPress acts as a catalyst to promote businesses, big or small, digitally. In this global world, people opt for products that are more popular and trending. Therefore, to increase the views on your business content you must make the presentation alluring.
WordPress is not only used as a blogging website or plugin, but it also facilitates in marketing your products in which you can use features such as themes that goes with the industry you are doing business in. Themes give your product a more professional outlook and are custom-built which has necessary features essential to run a business online. These themes consist of functional designs and unique varieties that you can choose from.
Yellow Pages are no longer the primary directory for businesses. In fact, in only five years, Yellow Pages have declined by more than 50% in use. More people today prefer online directories when they are looking up for businesses. If your business is based in Australia and has yet to be listed on online directories, here are the top 10 places your business needs to have an online presence on!
We’ll start off with the most obvious inclusion since more than 6 billion searches are carried out on Google. Getting a business listing on Google is free, and with a great online marketing strategy, there is no telling how great Google can be for your business. Google works cohesively with other Google products to help you dominate your geographic market.
Bing is a search engine by Microsoft that lets you add multiple locations for your business easily. You can upload photos, videos, and other business content on Bing listings and can also increase geospatial marketing prospects. It’s the second most active search engine so there is reason why you should list your business on Bing.
An entrepreneur seeking to make it big in the industry needs to know that there are some things that he needs to keep in mind before he makes an entry into the industry. There is a lot to see, do and organize, before you can actually think of taking a step forward and setting up your own company in the competitive Australian market.
As a young, energetic and ambitious entrepreneur, there are some important things you need to keep in mind before you start your own venture. Following is a list of some important things you will need and have to do, to have a successful entrepreneurial start-up.
A Concrete and Thorough Business Plan
The first thing that you will need is a thorough business plan which has all the details of how you aim to run the company operations, secure the finances and design a plan for future growth. Remember, a well constructed business plan is the first step in the long line of processes which are necessary for a successful business enterprise. Without a good business plan, you can say goodbye to all your dreams of setting up a new venture, and getting any investment from financial experts or institutions. Writing a good business plan
Online businesses achieve commercial success in leaps and bounds for a reason in this era. Since information is literally available at our fingertips through smart devices and cloud technology, consumers are way more informed and practice caution when it comes to making purchases. So, it stands to reason that today’s marketing tactics must be tweaked accordingly as well. The following are some of the major online marketing trends that have taken 2015 by storm.
Well, now that you have started your very own online business, you have work to do. Now work, like every other work, needs to be done; if you don’t do it, things can turn to a point which you wouldn’t like. Now sooner or later you will realize that you should work on your online business rather than in your online business. And for working on your online business, you need people who can do the work in the business for you.
Why you should give out Responsibilities in your Online Business
Well, the answer can be fairly simple and can be summed up in a few words – saves time for other tasks. An online business, when grown big, can be hard to handle by a single hand; you will be needing more hands, thus hiring other people to do the work helps and lets you focus on other things that are important too.
On the off chance that you are at a point in your business where you need to begin appointing and outsourcing tasks to others, here is a rundown of tasks and obligations that you can make others do for you:
Misleading Product Promotion Leads Federal Court to Order Significant Fines
It pays for businesses to get advice from lawyers and be careful with the way they promote their goods and services. In the case of ACCC versus Reebok Australia in 2015, the Federal Court gave Reebok Australia a fine of $350,000. They were found as having falsely advertised their footwear in Australia. In addition to these fines, there were also restraining orders issued, an order to correct the advertising, and $45,000 in legal costs. This was paid to the ACCC. Of particular interest is the fact that Reebok’s parent company, Reebok International, had already been dealt with for similar conduct in the United States.
The Federal Trade Commission, which fills a similar role to the ACCC in Australia, investigated the issue of false advertising and dealt with it accordingly. Reebok Australia was fully aware of the problem with false advertising, but did nothing to bring the practice to a stop, as far as the Federal Court viewed the matter.
So, are you thinking of setting up your own business in the market? Have you planned out all the details and are ready to make an impact by making your entrepreneurial debut in the field of your choice?
No matter which segment of the industry you plan to enter, there are some very important steps you need to follow if you want your business enterprise to be legal and not have to face any problems in the future.
So, what are these critical steps you need to follow on all accounts in order to setup a successful business in the land of opportunity, Australia? Here they are detailed below. Make sure you don’t miss out on any one of them.
Affordable and reliable web hosting services may be hard to find, but every webhosting service worth his salt knows that Linux and Windows are staples. However, it is the former that has the bigger piece of the pie when it comes to satisfying the needs of online entrepreneurs and publishers. Here are some of the top reasons why it is favoured:
Fast loading websites hook users. On the other hand, slow websites repel visitors. Hence, to grab your webpage visitors, reducing webpage loading time is a must! Moreover, websites that load quickly are also ranked better on the search engines.
Here are 5 ways you can lessen web page loading time:
Existing Website Speed Analysis
To decrease your webpage loading time the first prior step is to check the current time taken by your webpage to load. After you find out the loading time of your website, you will be able to estimate the improvement is required. You will also know whether the tricks applied are working to lessen your web page loading time.
Three free tools that can be used to analyse web page loading time are-Pingdom, Web Page Test and Page Speed.
Australian citizens often do not appreciate having access to a fair legal system. Being able to have a hearing is something that should be available to everyone. However, the costs associated with legal trials is often a deterrent to people who do not earn high incomes. Steep increases in litigation costs are one factor that is making it harder for “average” Australians to seek their own justice. And then there are the alternatives for dispute resolution, which seemingly work to encourage people to forgo litigation.
A problem arises because there is a risk that people who have enough money, including government bodies and large corporations, have access to litigation. If they cannot use mediation to get what they want, this is a viable option for these groups. On the other hand, people without the monetary means are left accepting alternative dispute resolution (ADR) decisions. Even when your average person wants to pursue a matter with litigation, they often just do not have the money to do so.
It does save a lot of time and money, when people are encouraged to seek mediation to solve their disputes. It can also save people the hassle of entering a courtroom, and dealing with a full-blown trial. Using the high costs as a way to drive people toward ADR could be creating a two-class system in regards to the law. Read more on Alternative dispute resolution
While the majority of workers in the legal industry will deal with clients in an ethical manner, there are those who might take advantage of their clients. The average person relies heavily on the expertise and skills of their lawyer, to make sure that they do not wind up in serious legal trouble. They also depend on their lawyers to disclose costs, and deal with them fairly regarding fees. Since the costs for legal matters can become exceedingly high, there are laws in place to protect clients.
These laws are intended to allow sanctions against any lawyers who charge overly high fees. Costs are also able to be reviewed by independent bodies. Under some circumstances, agreements regarding costs can even be set aside.
Overview of Costs Disclosure Requirements
When starting a professional relationship with a legal representative, it is best to get the retainer in writing. This serves as the work contract, but it is not a prerequisite. However, ensuring that you do get it in writing is a smart idea. This will allow future costs to be compared to what the lawyer claimed they would be in the beginning.
Do you want to improve your business visibility online? Ever wondered why everyone prompts you to improve your SEO marketing techniques? It is because this technique is the foolproof way for you to tap into an ever wider customer market, knowing no geographical boundaries or limits.
Search engine optimization techniques are the magic formula which let you attract, draw in and ensure customer conversions, and make a success of your business in a unique way. As the popularity and impact of SEO techniques are gaining momentum and fame, it is fast becoming the foolproof way to reach out to and penetrate a large potential market, and enjoy business and success for your company.
To compete in a highly aggressive Australian market, it is essential that you play all your cards right. Remember, even if your business has a good website and a social presence, but lacks the search engine optimization techniques to boost its business, then you will have no chance to gain any visibility in the market.
Want to know great tips on how to build up, develop and improve on your search engine optimization techniques? Then read on…
Have a Unique Product, Want to Sell Online? Are Your Prepared?
Congratulations!!! After months of rattling your mind you have decided on a lucrative online business opportunity and have accumulated capital to launch it. However, starting an online business would not be easy as it appears, there are roadblocks before you can achieve a break-even in terms of profit. So, here is a 5-step checklist to guide and steer you toward success.
Did You Actually Get a Feedback on Your Product Before Launching?
If you thought your family and friends found your business idea or product highly useful, think again! Feedback obtained from people who are emotionally close to you would appreciate every business idea that emerges from your mind. Seeking a nod from them is a disaster for your launch. To validate if your product/service is unique and sell-able, you must conduct a market survey. Connect with potential customers on the social networks such as Twitter, What’s App, Pinterest, Google+, and FaceBook to gauge their interest in your product or use customer insight survey tools, such as Client Heartbeat and Qualaroo.
The average person might only file a handful of lawsuits in their lifetime. Many will never file a single one. Over a period of 10 years, an Australian man filed an astounding 50 lawsuits. The result is that he is now somewhat prohibited from filing any more. The man’s name is Mr Rahman, a science teacher who is a resident in Sydney. Justice Michael Adams made the ruling, stating that the man had been using using the legal system to “harass” and “annoy” people, among other things. He is only the 12th person to be put on the register for vexatious litigation.
While Mr Rahman is still allowed to start a litigation proceeding, he must get permission from the courts first. And since he has proven himself to be such a nuisance in their eyes, that is not expected to be forthcoming. Some of his offences include attempting to re-litigate matters where a decision had already been made. In addition to that, he also sued his very own legal representatives. The result of that lawsuit was that Mr Rahman was ordered to pay them more than he had already owed.
Rahman has spent more than $500,000 in the process of filing all of these lawsuits. He is also said to be in danger of losing two houses that he owns. However, even after being placed on Sydney’s vexatious litigant register, he is still not giving up his fight. He claims that the ruling is a “crime against humanity”, and that he will go to the International Criminal Court if necessary.
If you are thinking of setting up a business, then either you have your eye set on a property or are scouring the market for the suitable commercial setup. If you don’t have the finances to buy the property at once, then you must surely be looking through different leasing options on offer. Commercial leasing in Australia for small businesses is quite common, and that is why there are many options available to accommodate the needs of different businesses in the segment.
While commercial leasing is a good option for anyone trying to setup a new business, there are also some important issues and regulations linked with the process. If you want to make sure that there are no legal irregularities, then you need to pay close attention to meeting all the requirements without error.
Some of the important issues related to commercial leasing for small businesses in Australia, include the following,
With the number of elderly citizens increasing in Australia, more people are dying as a result dementia, as well as other similar disorders. Since people are continuing to live longer on average, they are also able to build up greater amounts of wealth. This can often lead to some difficult litigation, by people claiming that wills were made by those without the capacity to make proper decisions.
The appropriate court is the only entity with the jurisdiction required to decide on these matters. They will generally use a specific test, which includes the following requirements:
The person making the will needs to understand the legal significance related to creating the will.
They must be at least generally aware of the extent, nature, and value of their assets.
They must understand who might be able to claim their accumulated wealth, as well as why and how such people can make claims.
They must be able to decide the validity of people who make claims for the aforementioned wealth. No “disorder of the mind” should be able to skew their decisions.
In these types of circumstances, it is sometimes too easy for disgruntled beneficiaries to appear, and start litigation to overturn a will. Without proof as to the mental well-being of the deceased, these cases can be particularly trying. Even if your will is upheld in the end, the legal costs might have taken a toll on your intended beneficiaries.
People often think about those who are closest to them, when making a will. While there is absolutely nothing wrong with doing that, many Australians are starting to leave money to charities in their wills. When doing so, it is essential that legal requirements are all fulfilled, to ensure that the gift is going to actually get to your charity of choice. Simply writing down the name of a charity that you remember is not a good idea. There are more things to consider.