Can a Creditor Freeze Assets Held in a Family Trust the Debtor Controls? The Full Federal Court Says Yes.
Short answer: Yes. In Filippini v Keystone Asset Management Limited [2026] FCAFC 71 (22 May 2026), the Full Federal Court of Australia confirmed that a discretionary family trust is not a safe harbour for a judgment debtor who controls it. Where the debtor pulls the strings, acting as appointor with the power to hand themselves the trust's income and capital, a court can freeze the trust's assets to protect a creditor's eventual judgment. Control, not legal ownership, is what counts.
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Case Study: The Inspiration Behind the Legal Service Quote Checker
Background: The CEO of MDL, Shane, was approached by a friend during his weekly tennis fixtures who mentioned he had received a quote ranging from $23k to $33k for a Binding Financial Agreement review. Based on his experience, Shane found these figu
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The Road to Regulation: Commonwealth Treasury Releases New Consultation Paper on Regulating Crypto Exchanges
Last week the Commonwealth Treasury released a new consultation paper on regulating crypto exchanges, outlining a proposed framework to address the significant risks and potential harms associated with these platforms, while fostering innovation and
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Business sales – Due Diligence – Seller Beware
Buyer due diligence is a critical process in which potential buyers thoroughly examine a business's financial, operational, legal, and other relevant aspects before completing the purchase. While due diligence is essential for making informed decisio
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Protecting Your Property Development Brand: The Importance of Trademarking – Part 2: Case Study
In this captivating case study, we explore the recent experiences of two property developers: "B Developments" based in Brisbane and "SC Developments" from the Sunshine Coast. The focus of this study revolves around their efforts to protect their int
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Protecting Your Property Development Brand: The Importance of Trademarking - Part 1: Background
With the increasing number of real estate developments in Australia, it has become common to see multiple projects sharing similar names, branding, and design guidelines. Unfortunately, this has led to a rise in trademark infringement claims based on
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Key Considerations for Selling Your Business
As a Commercial Lawyer, I frequently assist clients who are contemplating the sale of their businesses. The process of selling a business can be intricate, necessitating comprehensive knowledge and preparation. In this article, I am going to share te
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A Comprehensive Guide to Due Diligence Requirements When Purchasing a Business in Queensland, Australia
Purchasing a business is an exciting endeavor, but it comes with significant risks. Conducting thorough due diligence is crucial to minimize these risks and ensure that you make an informed decision. In Queensland, Australia, there are specific requi
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Preparing to Sell Your Business in QLD: Major Challenges and Legal Issues
Selling a business is a significant life event that involves various complexities, challenges, and legal obligations. If you're a business owner preparing to sell in Queensland (QLD), you need to understand the unique business environment and regulat
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Major Pitfalls Landlords Should Be Aware of When Leasing Commercial Premises in Queensland, Australia
Leasing commercial premises is often viewed as an attractive investment option due to its potential for reliable income and capital growth. However, when it comes to commercial property leasing in Queensland, Australia, landlords should be aware of s
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Everything you need to know about Buy-Sell Agreements
Insurance-Funded Buy-Sell Agreements: Protecting Your Business and Ensuring Smooth Ownership Transitions Tragedy can strike at any time, and it's crucial for business owners to plan for unforeseen circumstances that may impact the ownership of their
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Important Changes to the Fair Work Act</u></strong>
By Ben Schefe On 6 December 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 became law in Australia. You may also be aware that on 12 December 2022 the Anti‑Discrimination and Human Rights Legislation Amendment (Respect
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MDL help Redlands locals sell family business
by Stephen Gibson A Redlands family, known for flying the Australian flag in front of their self-storage facility business, recently sold the commercial enterprise for a substantial amount. The long-time, Redlands residents built the self-storage
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How MDL saved $360k in Telco costs
In the last few years, MDL have experienced significant savings in our Telco expenditure, near an average 40% per month. How? It started out of a conversation with our client Jeremy, CEO of Reedify. After a brief chat with MDL’s CEO Shane, Jeremy tho
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Australian property market outlook | Q3 2021 & beyond
Learn more about the property market in 2021, investing and future trends with MDL client and partner Trilogy. Australia remains firmly embedded in a property boom that is expected to extend across 2021 and beyond. But beneath the headlines, many in
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Tips for Negotiating the Best Deal
Tips for Negotiating the Best DealNegotiating in business is a fact of life, whether it be to close a contract or resolve a dispute. As a result, good negotiating skills can be a valuable asset. In this article John Warlow provides a number of import
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Why investors’ faith in property remains unshakeable
Market Insights - by Trilogy Funds ManagementThe past year has seen major shifts in Australia’s property markets, but not in our attitudes to property. Buyers may favour different areas or property types over time, and price growth may occasionally s
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Audience Participation and Trademark
AUDIENCE PARTICIPATION: American Supreme Court Trade Mark determination and its effects on Australian regulationTo trademark booking.com or not to trademark booking.com that is now the decided question.Case SummaryThe United States Supreme Court has
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JOBKEEPER EXTENSION STARTED 28 SEPTEMBER
JOBKEEPER EXTENSION STARTS 28 SEPTEMBERThe original JobKeeper Payment scheme ended on 27 September 2020. Those needing further support will need to reassess their eligibility and prove an actual decline in turnover to be eligible for the JobKeeper Ex
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Defamation | The First Steps
The First StepsThere have been some high profile defamation cases recently where celebrities have successfully sued media conglomerates for publishing defamatory articles. While those stories are entertaining to read about, you may have wondered “wha
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Caveats Demystified. When Can I Lodge a Caveat? Should I Be Worried by a Caveat? How Can I Use Caveats to Secure Payment?
We are often asked by clients whether they can lodge a caveat. The prospect of a caveat being lodged over your property can be quite intimidating.Caveats can be an excellent tool to apply pressure in a legal fight or secure payment of monies. But the
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Take care not to overstate your advertising
A few of us here at McCarthy Durie and Warlow Scott are 4WD enthusiasts. So we were interested to see that the Australian Competition and Consumer Commission (‘ACCC’) issued five infringement notices to the 4WD SupaCentre for allegedly misleading con
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Asset Protection | The Key Tips
Unfortunately in these difficult times, some small business owners are faced with the question of trying to protect their hard-earned assets should the worst happen and their business fails. Our director John Warlow has many years of experience in ba
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Landlord & tenant | Must read information
We are all heading into uncharted territory, as our economy faces what we anticipate will be the most significant economic event since the Second World War.Now, like then, there will be no shortage of hardships shared, but together, we will survive.A
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Covid Assist Directory | Get the help you need now
At MDL and WSL we see ourselves as more than your lawyer, we consider ourselves to be your business partner. Whether you are a small business owner worried about your business viability, collecting debts and managing staff levels, or an individual wo
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Covid Assist | Important information for business - what you need to do now
In these times it is important to have someone in your corner, to ensure you are best positioned to make it to the other side of this pandemic. If you are uncertain about the future, it is best to talk to an expert early - don't wait for it to get ba
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Legal Services and COVID-19 | What you need to know
At MDL we pride ourselves on providing exceptional service and attention to detail, and want to assure you that business will continue as usual. Our priority is always the safety of our people – this includes our team members, clients and the communi
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Cash Flow is Critical - Inexpensive options to deal with non-paying clients
Article by John WarlowIn recent months we have been consulted by a number of business owners who have found themselves in financial difficulty as a result of customers not paying their invoices in a timely manner. More often than not, the client’s bu
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Warlow Scott Lawyers joins McCarthy Durie Lawyers
McCarthy Durie Lawyers are proud to announce our merge with Warlow Scott Lawyers, a Brisbane CBD based firm with a team of eighteen, experts in Property, Commercial and Building and Construction Law. This is an exciting time for MDL, as we continue t
Read moreCarbon tax repeal expected to have flow-on effect for businesses
As promised, the carbon tax has been repealed by the Australian government, which is expected to decrease costs for Australian businesses. A number of bills were put before the senate as part of the…
Read moreSenate supports changes to financial advice laws
On July 15 2014 the Australian senate voted in support of amendments to financial advice laws legislated for in the Corporations Act 2001. The changes will remove "unnecessary and costly red tape"…
Read moreIs my intellectual property protected?
Whether you are buying a business, buying a franchise, acquiring a licence connected to goods and services, or entering into a commercial agreement it is important to consider intellectual property…
Read moreSMEs optimistic, but without plans
Australian small and medium enterprises (SMEs) are optimistic about the coming year, despite many lacking a formal business plan. Research from the Commonwealth Bank released in July 2014 found that…
Read moreWhat are unfair contract terms?
Presently the unfair contract provisions of the Australian Consumer Law (ACL) apply to consumer contracts only, but do not apply to a contract to supply goods or services from one business to another…
Read morePrivacy is vital for good customer relationships
Privacy is an important consideration when businesses are collecting personal and confidential information. The Queensland Business and Industry Portal states that educating staff can ensure a…
Read moreDo you use bitcoins in your organisation?
If your organisation uses bitcoins or other crypto-currencies for any business transactions then new guidance from the Australian Taxation Office (ATO) may be useful when completing 2013-14 income…
Read moreSmall business is an integral part of the Queensland economy
The Queensland government will emphasise the importance of small business to the Queensland economy during Small Business Week in September. In a newsletter regarding small business week, the…
Read moreSmall business owners have low incomes, but more assets
Australian small business owners have low incomes, however they make up for this in assets, a new study has found. The research, conducted by University of Western Sydney Deputy Vice-Chancellor…
Read moreDirectors under the spotlight in recent appeal case
A recent appeal to the Administrative Appeals Tribunal of Australia has highlighted the very real risks that directors face when overseeing the operations of a business. The appeal was made by two…
Read moreMany companies risking insolvency
Last year, many Australian companies faced the risk of financial insolvency, according to a recent report from Certified Practising Accountants Australia (CPA). The study found that close to a third…
Read moreAustralia faces new competition rules
Small businesses play an essential role in Australia's economy, with these businesses often relying on a range of legal supports when it comes to their commercial contracts and activity. This feature…
Read moreSuccession management used to build a competent workforce
Handing over control of their business is probably far from the minds of many small business owners in Queensland. After all, their day-to-day focus is on managing and growing their business, not…
Read moreInvoicing times dropping for Australian businesses
When small companies enter into a commercial contract as part of growing their business, one of the biggest obstacles can be payment times. Having worked hard to get a contract in place, it can be…
Read moreMajority of SMEs don't have a succession plan in place
SMEs in Australia are struggling with succession planning, according to recently released figures from Bibby Financial Services. The study found that roughly 72 per cent of small- and medium-sized…
Read moreInsolvencies continue to affect Australian businesses
Recent statistics from the Australian Securities and Investments Commission (ASIC) point to the many different ways that companies can experience insolvency in Australia. The study of over 10,000…
Read moreBusiness owners struggle with exit planning
Every business owner needs an exit strategy so that when they are ready to hand over the reins there is enough support to keep the company operating effectively. While this is an important…
Read morePwC: Family businesses struggle with succession planning
A recent report from PricewaterhouseCoopers (PwC) has revealed the significant challenge that family businesses face when it comes to succession planning and the commercial agreements that accompany…
Read moreCourt decision finds verbal agreements can be binding
A recent decision from the Queensland Court of Appeals has determined that verbal agreements - those entered into by individuals without any supporting documentation - can be treated as legally…
Read moreHow are agreements and deeds different?
For organisations that are regularly signing commercial contracts , it is incredibly important to understand the variations between types of document. Failing to understand the differences may make…
Read moreWhat is the process for selling a business?
Building a business can be an incredibly rewarding process, but often it will reach a point where individuals cannot continue to own and operate their company. In this situation, many business owners…
Read moreWhat legal issues can arise when choosing a company name?
Choosing a name for your small business is not only important for establishing your brand, it is also necessary for registering your company. While choosing a name might seem like a simple task,…
Read more2015 brings new code of conduct for franchise agreements
Franchising is a popular business start up, acquisition or business growth strategy, but as with any business venture there are risks that need to weighed up. Tighter consumer protection mechanisms…
Read moreWhen can a commercial contract be terminated?
Every commercial contract a business enters into will contain options to terminate the agreement under certain conditions. While these will often be written into a contract by your lawyer, it is…
Read moreFabricated testimonials lead to legal action
Building a reputation for a product or service will often rely on the word-of-mouth of past customers, both at an informal level and through testimonials that small businesses record. While these…
Read more4 different ways to legally construct a company
If you're looking to establish a business, there are a number of different legal issues that need to be considered. Along with choosing a company name and finding a premise, selecting a business…
Read more3 unfair business practices companies need to avoid
When businesses are operating in a competitive industry, managing their responsibilities and ensuring they are operating legally is an important consideration. Many of these will fall under the broad…
Read moreChanges to insolvency laws introduced to the Federal Parliament
A bill has recently been launched at the federal level which would have significant changes for Australia's insolvency laws. The Insolvency Law Reform Bill aims to revise the regulatory framework…
Read moreWhat to know about changing a business structure
There are a range of business structures an owner can choose to use for their organisation. However, as their operations grow, sometimes the initial structure will need to be legally changed. For…
Read moreBoardroom conflicts of interest lead to legal dispute
A recent case before the Federal Court has highlighted the legal issues members of a board of directors can run into when they fail to meet their legal obligations around disclosing information. The…
Read moreLess than half of companies have a succession plan
Succession planning is continuing to represent a major obstacle for business owners and managers that want to be sure their company will continue to perform when they aren't in a leadership position.…
Read moreHow to draft a small business succession plan
Handing over the keys to your business is something that many individuals won't want to think about, especially when they have put a lot of hard work into building and maintaining a company in its…
Read more3 steps to managing the succession process
Succession planning isn't the sort of business activity that can be undertaken quickly - it requires months, sometimes years, of preparation in order to have the correct processes in place to handle…
Read more3 FAQs on the types of business structures in Australia
Being knowledgeable about the different types of business structures in Australia can help both businesses that are about to launch, as well as those already established but considering to legally…
Read moreWhat happens when a business partnership dissolves?
Many businesses will be started as a partnership between two individuals who share ownership of the enterprise. While this is a common form for new organisations to take, issues can arise if the…
Read moreGo global with your business for World Intellectual Property Day
Each year, World Intellectual Property Day falls on April 26. You can celebrate the occasion by beginning to protect your intellectual assets in a globally competitive market. If your business is…
Read more3 legal considerations for franchising in Australia
Buying into an existing franchise can be a smart business strategy as opposed to launching a new venture. This method allows businesses to capitalise on an already strong brand, and manage the sale…
Read moreLegal considerations before merging with another company
As businesses grow and expand into bigger markets, there may come a time when it is financially beneficial to either merge with, or acquire, another company. However, before embarking on a merger or…
Read more5 advantages of buying a franchise
Franchises are a popular type of business model that bring mutual benefits to franchisors and budding entrepreneurs (franchisees). People who buy a franchise get the excitement of running their own…
Read moreUnderstanding your rights under the Franchising Code of Conduct
The Franchising Code of Conduct (FCC) is designed to regulate the conduct of participants in the franchising sector, including those who are considering buying a franchised business, those selling a…
Read moreSuccession planning with millennials
Business succession planning may need to adapt and evolve to best suit the characteristics of millennial workers. According to the 2014 Deloitte Millennial Survey, this group will comprise 75 per…
Read moreAustralian companies rank highly for M&A performance
Mergers and acquisitions (M&A) are a key way for organisations to generate cost efficiencies through economies of scale and improved market share. M&As can also create greater value for shareholders,…
Read moreFactors to consider when buying a business
Acquiring a business is a big decision that requires much research, financial planning and an evaluation of the target business's profitability. Chamber of Commerce and Industry Queensland (CCIQ) has…
Read moreWhy is business succession planning important?
Business succession planning is crucial for organisations that need to maintain continuity in the aftermath of high-profile departures at senior levels. Unfortunately, a 2014 study published by the…
Read more5 steps to starting a new business in Queensland
Setting up a business is an exciting time for entrepreneurs. But there are a number of steps individuals must complete before opening their doors to trade. As a potential business owner, the best way…
Read moreBudget boost for Queensland small businesses
Queensland small businesses are set to benefit from a range of measures announced in the 2015 Federal Budget, a leading industry group stated. Chamber of Commerce and Industry Queensland (CCIQ) said…
Read moreQueensland leads the nation in business confidence
Organisations across Queensland are confident about the future and current business conditions, according to the results of a new poll. National Australia Bank's (NAB) monthly Business Survey for…
Read moreReasons to compile a business succession plan
Putting together a succession plan should be high on the agenda for any business, but why is it so important? It's not uncommon for companies to go through periods of change. They might be bought…
Read moreSmall businesses get boost from new Federal Budget
Small businesses have an important influence on the Queensland economy and that of Australia in general. With the government announcing a new economic plan for the 2016-2017 Federal Budget, it is…
Read moreConfidence declines among Australian businesses
There's been no shortage of activity in business confidence over recent months, and the latest figures suggest August was no exception. Releasing its Business Confidence Survey for the month, Roy…
Read moreSmall business and unfair contract terms amendments take effect
What your business needs to know The small business and unfair contract terms amendments to the Australian Consumer Law and the Australian Securities Investments Commission Act commenced operation on…
Read moreSearches to undertake before buying a business
Purchasing a business can be an extremely daunting exercise. The process is fraught with legal complexities and risk but with appropriate guidance, business ownership is extremely rewarding! One…
Read moreWhat’s the best business structure to choose?
The pros and cons of your options Whether you’re purchasing an existing business , or starting your own, one issue you’ll have to consider is which business structure to choose. In Australia, that…
Read moreWhat are the risks involved in starting a business?
4 issues for you to consider for your situation While owning your own business can be a rewarding experience, there’s no doubt that there are risks involved too. And while the statistics show that…
Read moreShould you buy an existing business, or start your own?
The pros and cons of your business purchase options When you're thinking about going into business for yourself, there are usually two main choices ahead of you. You can either choose to start your…
Read moreCrowd sourcing to raise funds for your business
MDL’s Business Law team look at the new CSEF provisions A new potential source of funding for companies offers exciting opportunities for Australian businesses and investors. Other than publicly…
Read moreIs your business’s independent contractor actually an employee?
How to find out whether your arrangements are compliant As a business owner or manager, it can be tempting to consider and treat those working for you as “independent contractors” rather than employees.But with the Australian Taxation Office and the
Read morePerformance management for your business' employees
Real world examples demonstrate what not to do An unfortunate but necessary part of running or managing a business is performance management. And generally of course, when we talk about “performance management”, we really mean the process of managin
Read moreHow much does it cost to set up a franchise business?
The 9 potential franchising fees you need to be aware of When you’re considering investing in a franchise, naturally it’s crucial that you have the complete picture of the business to help you with your decision making.Under the Franchise Code your
Read moreHow to avoid prime cost and provisional sum traps
What to look out for in your home building contract When you set out to build a new home, or renovate your existing house, you’ll no doubt be motivated to keep to the budget you’ve set.Yet there are a few different things that can cause you to go ov
Read moreHow to resolve a dispute with your home builder
The steps you can take to resolve your problem as soon as possible While building a new home or completing a renovation can be very exciting, unfortunately sometimes it can also be a very stressful time. Most builders do great work – yet from time t
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The Building Industry Fairness Act comes into effect 17 December 2018
The four major changes you need to be aware of: Parts of the Building Industry Fairness Act (Security of Payments) Act 2017 (‘the BIF Act’) commenced on 1 March 2018 (Project Bank Accounts), but the major overhaul of the security of regime will fina
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How does BIFSOPA apply to builders?
The ways your contracts and systems need to change BIFSOPA is now in effect and applies to existing AND new contracts. All payment claims are claims under the new Act, which is important because it affects many aspects of your business.For example,
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How do I make a new payment claim if I've missed the BIFSOPA time limit?
What you can do to get paid, once the time limit has expired If 25 days have gone by from your payment claim and you didn’t notice, you now have no payment and no payment schedule from the developer. The reality is, you have missed your chance for p
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How do I enforce my payment claim under BIFSOPA?
Tips on what you can do to receive payment The new BIFSOPA act is now in effect, which means your business practices must change with it. In this blog post, the MDL Construction Law team run you through how you can enforce your payment claim to comp
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What you need to know about the Australian Financial Complaints Authority (AFCA)
The new ‘mega ombudsman’ for complaints regarding financial disputes If you feel you’ve been treated unfairly by an insurer, bank or other finance provider, there is now one place to go in Australia for consumers and small businesses to submit compl
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What is in a typical franchise agreement?
5 things your franchisor must provide youSo you’re thinking about purchasing a franchise business and taking the exciting step of becoming a small business owner.You’ve met with your prospective franchisor, and things are looking good. You’re happy t
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Anderson Brady Lawyers Join McCarthy Durie Lawyers
McCarthy Durie Lawyers are proud to announce our acquisition of Anderson Brady Lawyers,a Brisbane based firm located in the heart of the CBD. This is an exciting time for us, as weintegrate the experience and skillset of the AB team. The incorporatio
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Workers' compensation changes come a step closer
Changes to the way in which injured workers receive compensation could soon come into force across Queensland if a recent Bill receives assent.
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CCIQ welcomes Brisbane's new commercial contracts policy
SMEs will benefit from Brisbane City Council's Innovative Proposals Policy, the Chamber of Commerce and Industry Queensland has suggested.
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5 steps to starting a new business
Entrepreneurs looking to set up a business in Queensland often need to follow a number of steps to ensure they remain within the law.
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Small Business Week is nearly here
Queensland companies are encouraged to network with experts, government and other organisations during small business week (September 1-6).
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Two experts to discuss local business structures
Two local experts will present a workhop at the end of the month on how to structure of your business without all the complicated jargon.
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