Peters Linnette Lawyers - Establishing a business in Australia presentation

UKTI WEBINAR 9:30am (GMT) Wednesday 12 December 2012

UK Businesses in Australia

Photo by Flickr user Alex E. Proimos


Australian Legal System

Photo by Flickr user mikecogh


Similar to UK
• Common law system

• Courts operate similarly to UK

• Solicitor/Barrister system

Photo by Flickr user Canned Muffins


…but not always

• System of Federal laws & State laws

• Federal law prevails
if there is conflict

Photo by Flickr user L. Marie


Corporate Structures

Photo by Flickr user ardonik


Registered Foreign
Companies
• UK companies may carry on business in
Australia

• Requires registration & local agent and office

• Most foreign companies set up
an Australian subsidiary

Photo by Flickr user mtl2tky


UK Owned
Australian Companies
• No capitalisation required ($2)
• One director minimum
• Name availability – check conflicts
• Can be established in one day
• ASIC compliance straightforward
• Resident director requirement

Photo by Flickr user mtl2tky


Partnerships

• State-based jurisdiction
• No separate legal personality
• Ease of formation
• Partners’ liability
• Taxation planning

Photo by Flickr user Gideon Tsang


Other Structures
• Contractual Joint Venture
• Shorter term

• Sole trader
• Cheap and quick
• Personally liable


Business Banking
• The big 4
• ANZ
• Westpac
• National Australia Bank
• Commonwealth
Plus HSBC
• Requirements to open an account
• ID for each director
• Certificate of incorporation


Commercial Transactions

Photo by Flickr user Steve Snodgrass


Business Practices
• Similar to UK
• Regulation of Anti-competitive conduct
• Unfair Trade Practices
• Strong consumer protection
• Product Liability (European Directive on defective goods
incorporated into Australian law)
• Privacy Law

Photo by Flickr user o5com


Use of UK Style
Agreements
• Most UK business transactional
documents have direct Australian
equivalents

• Straightforward to wrap Australian flag
around a UK Agreement



Commercial Property

Photo by Flickr user woodleywonderworks


Commercial Property

• State-based legislation governs leases

• FIRB notification generally not required

Photo by Flickr user S Baker


Typical commercial lease
• Office
• Full-form leases usual

• 3-month deposit / guarantees

• Options to renew are usual

• Retail
• Special disclosures
• Minimum 5-year term

Photo by Flickr user S Baker


Employment Law

Photo by Flickr user wildxplorer


Fair Work Act
• National system
• Common law agreements
• Awards
• Collective agreements

• National minimum standards for
employees



National Employment
Standards
1. Maximum hours
2. Flexible work
3. Parental lease
4. Annual leave
5. Personal/carer’s leave & compassionate leave
6. Community service leave
7. Long service leave
8. Public holidays
9. Notice of termination & redundancy
10. Provision of Fair Work Information Statement


Unfair Dismissal
• Fewer than 15 employees

• 1 year bar

• simplified system to dismiss employees
without risk



Intellectual Property

Photo by Flickr user SomeDriftwood


Copyright
• Automatic

• 70 years’ protection (same as UK)

• UK & Australia signatories to Berne
Convention

Photo by Flickr user Horia Varlan


Trademarks
• 10 years – renewable
• Early assessment available
• Inexpensive
• ‘First to use’ system
• Madrid Protocol

Photo by Flickr user Sydney Heritage


Patents
• ‘First to file’ system
• Patent Cooperation Treaty (PCT)
• Types
• Provisional patent – 12 months
• Standard patent – up to 20 years
• Innovation patent – up to 8 years
• Pharmaceutical patents can last up to 25
years



Business Visas

Photo by Flickr user FrancoisRoche


Business Visits – up to 3 months
• Electronic Travel Authority (ETA) –
subclass 977 & 956
• UK citizens – apply through service
providers
• Limitations
• Preliminary meetings and appointments only
• No work (limited exceptions)

Photo by Flickr user James Cridland


Long Stay Business Visas
• Temporary Work (Skilled) visa
(subclass 457)
• Three step application process
• Sponsorship
• Nomination
• Visa
• Sponsor training obligations
• New companies can apply to be sponsors


457 – Ongoing Obligations
• Continuing obligations include
• Training
• Record-keeping
• Health insurance
• Liability for return travel costs
• Reportable events include
• New director
• Resignation of worker
• Change of circumstances

Photo by Flickr user BriYYZ


Questions?

Photo by Flickr user Milos Milosevic


Contact
Douglas Linnette
Partner
Peters Linnette Lawyers

Tel: +61 (0)2 9241 6677
www.peterslinnette.com.au
@PLL_Law

Photo by Kozzi

Peters Linnette Lawyers - Establishing a business in Australia presentation

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