It was another busy month for the Merton team, highlighted by long-awaited events like SXSW Sydney.

September saw the Merton team celebrating another triumph, attending big events, and planning for upcoming ones.

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New right to disconnect laws commenced on 26 August 2024 for non-small business employers. Small business employers – which are businesses with fewer than 15 employees – will be subject to the changes one year later from 26 August 2025.  

Amendments to the Australian Consumer Law (ACL), contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (CCA) and the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) were passed in October 2022 to the effect that making a standard form contract which contains unfair terms, or relying on an unfair term is now illegal.  

At the Merton office, we are preparing for another significant month with exciting upcoming events ahead!

Building and launching a startup is not for the faint of heart. Founders of startups face significant legal and business challenges. However, there are ways that founders can minimise (and in some cases, eliminate) these challenges.

Last month, there was a lot of activity at the Merton Lawyers' office, with the team celebrating successes, achieving career milestones, and attending a variety of exciting events!

Last month, we were pleased to welcome three new members to the Merton team. We also visited the US and celebrated our Managing Partner, Anthony Curtin, who was named a finalist in two categories for the 2024 Lawyers Weekly Partner of the Year Awards.

In Roberts Construction Group Pty Ltd v Drummond Carpentry Services Pty Ltd [2024] VSC 246, Merton Lawyers’ building and construction division was recently successful in having an adjudication determination review application dismissed on behalf of a subcontractor client in the Supreme Court of Victoria.

The Litigation Team at Merton Lawyers recently acted for the Respondent in the Supreme Court of Appeal matter of Lanshan Pty Ltd (ACN 159 606 818) v F3 Enterprises Pty Ltd (ACN 163 104 578) [2024] VSCA 59. This proceeding was heard on appeal following our client’s success in the earlier County Court of Victoria Proceeding (also conducted by Merton Litigation Head Nick McKenzie-McHarg) Lanshan Pty Ltd v F3 Enterprises Pty Ltd [2022] VCC 1850.

Last month, the Merton team had the opportunity to attend multiple events, including the Asena Family Office Launch and a thought-provoking panel discussion on Capital Raising in the US.

SAFE is an acronym for simple agreement for future equity. Like the name suggests, a SAFE Note is an equity financing instrument designed to accelerate the seed funding round for startups. It is a short, standard document used by entrepreneurs and investors as an alternative to convertible debt.

This month, we have welcomed a new team member to the Merton family in our conveyancing department and attended several events and masterclasses to kick off 2024.

Cofounder agreements are perhaps the most underrated document in the startup ecosystem. It is not uncommon for a startup to be reluctant to spend money on lawyers in the early stages. Why spend money on drafting agreements when there isn’t any money coming in yet?

But antagonism between cofounders can be the difference between the failure or success of your startup. According to Noam Wassermann, author of The Founder’s Dilemma, 65% of startups fail due to founder conflict.

That’s where a cofounder agreement comes in.

As the year 2023 comes to a close, we would like to thank you all for your ongoing support and share our final update for this year. We extend our warmest wishes for the holiday season and a safe, joyous New Year.

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