Merton Journal
At Merton, understanding starts by arming you with tools and resources to better navigate your next steps in law, business and life.
The Merton Monthly: October
September saw the Merton team celebrating another triumph, attending big events, and planning for upcoming ones.
The ‘right to disconnect’ is coming to Australia: what employers need to know
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.
Recent reform to unfair contract terms laws
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.
The Merton Monthly: August
At the Merton office, we are preparing for another significant month with exciting upcoming events ahead!
Common Traps and Pitfalls for Early-Stage Startups to Avoid
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.
The Merton Monthly: July
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!
The Merton Monthly: June
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.
Case Study: Roberts Construction Group Pty Ltd v Drummond Carpentry Services Pty Ltd [2024] VSC 246
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.
Case Study: Is it a Licence or a Lease?
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.
The Merton Monthly: April
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 Notes Explained
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.
The Merton Monthly: March
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: the most underrated document in the startup ecosystem
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.
The Merton Monthly: December
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.
The Merton Monthly: September
We zoomed through August and can hardly believe spring has arrived! We attended many events and are thrilled to announce that one of our team members is a finalist for the 2023 ALPMA awards.