Talking Law

In this episode, Joanna Oakey and guest Simon Bedard, Founder and CEO of Exit Advisory Group, continue their discussion on Shareholder Agreements and the critical role they play in business - particularly businesses in the SME space. They emphasise the dangers of relying on templates and some of the things you'll want to cover when working with a commercial lawyer to ensure the agreement is structured appropriately. This episode highlights the significance of timing and early drafting of Shareholder Agreements to minimise future issues, along with keyman insurance and the role it can play in navigating this tricky area of business. This episode shares insights on navigating disagreements, exits, and what we think are some best practices in Shareholder Agreements.

In this episode, which is part of our Shareholders' Agreements series, we interview Simon Bedard, the Founder and CEO of Exit Advisory Group, to discuss the critical role of Shareholder Agreements in business deals. Our host, Joanna Oakey, and Simon delve into the significance of Shareholder Agreements from both commercial and legal standpoints. They provide a comprehensive roadmap for creating a Shareholder Agreement that serves as a valuable guide for the future of your business. This discussion is particularly relevant to accountants as they play a crucial role in advising their clients on the financial implications of Shareholder Agreements.

Discover how and why a Shareholders Agreement is critical to your business's success (and what can go wrong if you continue without one) with expert insights from our host, Joanna Oakey. Joanna, a seasoned Commercial lawyer, shares a wealth of knowledge on the critical role of the Shareholders' Agreement in the business including when to establish a shareholders agreement, the key elements it should include, and how it can facilitate decision-making and expectations among shareholders.

In this episode, we revisit our discussion with Meena Wahi the Director of Aspect SME Insurance. Meena and our host, Joanna Oakey discuss what makes Aspect SME Insurance different from other types of insurance and also run through the distinct types of insurance that are available for businesses. In this discussion, they also drill into a few relevant case studies that show the dos and don'ts of SME insurance. Connect with Meena Wahi Aspect SME Insurance Connect with our Legal Eagles! Book a Lawyer Now! Relevant Episodes: [EP 125] Insurance Hacks For SMEs Part 1 [EP 126] Insurance Hacks For SMEs Part 2

In today's Podcast Replay, we revisit our discussion with Joshua Taylor, the Managing Director of Taylor Insolvency. He and host, Joanna Oakey, dig into what you need to do when you or your clients find their business is in financial distress. Josh shares a number of real stories and lessons learned from them as well as insights into the insolvency process that are relevant and invaluable to everyone involved— from Directors Accountants & Solicitors to Creditors, Employees, and Customers.

We'll be hanging up our headphones for a few weeks of downtime over the summer break. We just wanted to say thank you to all of you who listen in - and provide amazing feedback and a big thank you to all our fabulous guests - We have loved the discussions we have had this year with Accountants, Small Business Owners, managers/CEOs and industry thought leaders as well, chatting through your stories and digging into your knowledge - we know that what you share with us and our listeners is so valuable, so thank you for taking the time to jump on and record. We'll be back in 2023 with some exciting news, some fresh episodes full of stories, industry insights and the latest thinking on how to avoid the lurking legal landmines before they blow up a business. Until then - We hope everyone has a fantastic break if you're taking one, and enjoy the festive season. Connect with our Legal Eagles! Book a Lawyer Now!

In this episode, we talk to Aspect Legal's Special Counsel, Mark Gardiner. Mark joins our host Joanna Oakey to talk about what business owners and their teams should be looking out for when managing suppliers and supply contracts in a downturn. They drill into a few risk factors and warning signs to look out for in this area, the importance of PPSR and how to deal with customers with signs of insolvency. Mark also shares a few tips and pointers on the best way to deal with these situations.

In this week's Talking Law episode we are sharing our discussion with Business Growth Strategist, Athin Cassiotis. Athin is the host of a fabulous podcast called The Business Growth Show, and kindly featured our host Joanna Oakey as one of his guests - the discussion was really insightful so we thought we'd share it with you too! Joanna and Athin talked about the top legal mistakes businesses make, how to protect the value of your business, what to negotiate when selling our business, key considerations for IP, plus much, much more!

In this episode of Talking Law, we talk about the top strategies for finding and securing grants. Adrian drills into what he sees as the 4 key steps of an effective grant process. He also discusses their learning program that Grant Guru has prepared for the people who want to be masters of making the most of the grants on offer. As part of this podcast episode with Grant Guru, Adrian and his team have been kind enough to extend a bonus offer to our listeners. There is a 20% off for all annual subscriptions to Grant Guru - Essentials, which is exactly what any Small Business Owner will need to really hone in on finding grants throughout the year. You'll just need to use the coupon code aspectlegal during checkout to take advantage of this offer. Click here to avail the discount!

In this episode of Talking Law, we feature a replay of one of our most popular podcasts. Indemnity clauses often carry an enormous amount of risk, which can far exceed a contract's value. So in this episode, we explore the main risks in indemnity clauses that you might be signing, and on the flip side, the way to use indemnity clauses best to provide protection. EP 013 Demystifying indemnity clauses Indemnity Tips Are your indemnity clauses a ticking time bomb? Book a Lawyer Now!

In this episode of Talking Law, we speak with the fabulous Bri Williams. Bri is the Managing Director and Behavioural Specialis at People Patterns, and host of the wonderful video series, Talking Talks. Today's discussion features Bri and our host Joanna Oakey discussing the top three reasons why people don't do what you want them to, the rules of letters and emails and how behavioural science can affect pricing. To dive deeply into how behavioural science can amplify your approach to business, tune in now.

This episode is a two-part series talking about the ins-and-outs of grants. We speak with the CEO and Founder of GrantReady, Adrian Spencer - a pioneer in grant space. In addition to developing various grant strategies, he has also secured over $500 million in grants and funding and has been a government advisor on grant-making. In this first half, we talk about the opportunities for SME businesses to access more funding, growth and investment without relying on revenue to do so. Then, we drill into some of the grants that are available at the moment for SMEs. Adrian also shares with us the common pitfalls when it comes to Grant applications and shares some tips on best practices to avoid them, as well as two very handy platforms that can help you (or your clients) identify relevant grants as they are released. Adrian and the team at Grant Guru have been kind enough to extend a bonus offer to The Deal Room listeners – 20% off all annual subscriptions to GrantGuru-Essentials. This platform is exactly what any small business owner will need to hone in on finding grants that match their business/industry throughout the year. Use Code: aspectlegal Access via the Grant Guru website here Book a Lawyer Now!

In this episode of Talking Law, we have an episode for you that comes from our sister podcast, The Deal Room. This is actually part three of a three-part series with Matt Alderton from BX Networking. We decided to play this episode on Talking Law because it provides such great insights for business owners on Matt's learnings on buying, starting, growing and exiting from 6 businesses - which ended in the sale of his last business for $16m to a listed entity. It also provides great insight into a topic that is not discussed anywhere near as often as it should be - the importance of failure, how to protect yourself from failure, and how to view failure in a business. We also have a rapid-fire question session with him, where we compare owning a franchise to other types of businesses, the best approach to employee retention, ways to maximise value in a business, and so much more. Matt Alderton's The Deal Room 3 part series Book a Lawyer Now!

In this Talking Law episode, we have Mark Gardiner from our very own Aspect Legal M&A team. We drill into various considerations when you are leasing premises and what you should be thinking about when entering into a commercial lease. Mark is a fabulous person to talk about this topic because he has decades of experience dealing with businesses and leasing requirements. He shares his insights about when in the lease negotiations you will be in the greatest position of power and of course, we talk through a heap of tips and traps in relation to leasing.

Today we speak to Kerry Boulton of Exit Strategy Group. Kerry and our host Joanna Oakey recently recorded a webinar together talking all about the E O S system, how to apply it to your business, how it can help arm your business for growth and how it can help you build for a future exit. We also touch on how the tools within the system can also assist you if you are evaluating a business to acquire. In this episode of Talking Law, we run through and answer some very significant questions that came out of the webinar. [EP 132] Webinar Debrief: Are You Ready to Get a Grip on Your Business? With Kerry Boulton | Aspect Legal

Today we are joined by Paula Tallon, Tax Director at Prosperity Advisors group. Together, Paula & Joanna run through traps in deal term sheets that are too detailed, and what to think about when you're preparing your Heads of Agreement or commercial term sheet documents. Even though in this episode we were talking specifically about term sheets used in business and share sale and acquisition transactions, the warnings are just as relevant for any MOU, LOI, heads of agreement or commercial terms type document. Ultimately you need to be clear on whether or not you want that document to be binding - and if it is binding, whether you intend for the whole or just part of it to be enforceable because ultimately your legal and tax position can ride on fine distinctions. [EP 131] Trap alert: Watch out for these mistakes in Terms Sheets and Heads of Agreement with Paula Tallon | Aspect Legal

We are back - this time with the second and last half of this must-listen-to two-part series. The uncertainty within the Construction Sector is top of mind for many at the moment. In this episode, Aspect Legal's Jelena Milanovic continues to discuss construction contracts in the context of Covid-19, She then drills into what a Force majeure clause is and what should they include, along with other clauses relating to the extension of time and delays and changes in the law. [EP 130] What's Next for Construction? – a post-pandemic look at what construction businesses & suppliers should have in their contracts Part 2 | Aspect Legal

In this episode, Aspect Legal's Jelena Milanovic talks us through the general impacts of the pandemic on the construction industry, in particular pricing and construction contracts. Jelena along with our host Joanna Oakey also drills into how supply chain shortages, pricing pressures and now natural disasters, are likely to impact the sector from a legal perspective. Importantly, we cover what construction businesses and suppliers can do to protect themselves from uncertainty. [EP 129] What's Next for Construction? – a post-pandemic look at what construction businesses & suppliers should have in their contracts Part 1 | Aspect Legal

In this episode, we talk to Kobi Simmat of Best Practice Biz about buying, growing, exiting and doing so in a way that gives value to your business. Kobi, together with our host Joanna Oakey, also shares the steps business owners need to take to create a business that works for you individually. [EP 128] How to grow in a way that works for you – Talking Law with Kobi Simmat | Aspect Legal

In today's episode, we talk to the legendary Paul Dunn from B1G1 on why the movement of business for good, is so good for business. He and our host Joanna Oakey look at how some businesses are building a culture of giving, how B1G1 was established and how this ties in with the need to identify your purpose. [EP 127] Why doing business ‘for good’, is so good for business | Aspect Legal

We return with Part 2 of Insurance Hacks For SMEs with Meena Wahi, the Director of Aspect SME Insurance. In this final episode, we discuss what makes Aspect SME Insurance different from other types of insurance, the different types of insurance that are available for businesses and we also drill into a few relevant case studies that show the do's and don't of SME insurance. [EP 126] Insurance Hacks For SMEs Part 2 | Aspect Legal

This week's Talking Law podcast is the first of a two-part series with Meena Wahi, where we talk all about the newest member of the Aspect Group of Companies: Aspect SME Insurance. In this first episode, Meena and our host, Joanna Oakey, share why they started this new business, the power of integrating legal and insurance services, and how insurance plays an important part in risk management for a business. Don't miss the second part of this series on the common mistakes that SMEs make when dealing with insurance and discuss real cases studies. [EP 125] Insurance Hacks For SMEs Part 1 | Aspect Legal

For most business owners, their most valuable asset is their business – but how can business owners maximise the value they can extract out of their business at exit? One often overlooked area is the impact of tax. So in this 2-part series, we are focusing squarely on the subject of tax, and what business owners need to know to end up with the most cash in their pocket. [EP 124] Tax at Exit – tips, traps and the importance of proper planning | Aspect Legal

In this episode, Joshua Taylor (Managing Director of Taylor Insolvency) and our host Joanna Oakey talk about what you need to do when you or your clients find their business in financial distress. Josh shares a number of real anecdotes and lessons learned from them. Joshua's company, Taylor Insolvency, helps stakeholders in the insolvency process — from Directors to Individuals, Accountants, Solicitors, Creditors, Employees, and Customers. They aim to make liquidations as simple as possible in order to help businesses through tough times to happier times. [EP 123] What to do when the business goes bad: navigating tough discussions with a liquidator | Aspect Legal

In this episode, we talk to Rod Hore from HHMC Global about using shares as a talent retention strategy in professional service businesses. We examine what exactly makes shares great for retaining talents, how to set this up for your organisation, and the impacts of having your employees hold shares. We also dig into other alternative strategies you can use besides giving employees shares of the company. [EP 122] Using shares as a talent retention strategy | Aspect Legal

In this episode, we talk about proof of use of trademarks in the United States. Aspect Legal’s very own Robyn Purdy is on board to tackle this subject and the things about it that businesses usually get wrong. [EP 121] Common Misconceptions in Trademark Registrations Outside Australia | Aspect Legal

In today’s podcast, we have Paolo Lencioni from APL Accountants on board to talk all about the common issues that occur when you’re starting or joining a vet business with a partner, and how to deal with those. [EP 120] Common issues when going into business with someone in the vet industry | Aspect Legal

In this episode, we talk to Michelle Tayler of Marketing Practices about branding and brand protection, and why they are important in safeguarding your business. We also discuss branding from different perspectives: the marketing perspective and the legal perspective. [EP 119] Branding and Brand Protection for medical and allied health practices | Aspect Legal

In this episode, we talk about shareholders’ agreements and why we need to use them. We have on board Aspect Legal’s very own Claire Bibby to talk about the importance of having shareholders’ agreements, some of the most common issues that we've seen around them, and the most important things to consider in their use. [EP 118] Tips and Tricks with Shareholders Agreements | Aspect Legal

Does intellectual property form a large part of the value in your organisation (or perhaps in an acquisition target you are considering)? In this episode, we talk about tips and traps in IP ownership. And in particular, how to establish who actually owns the intellectual property in your organization. Joining us today is Aspect Legal’s very own Special Counsel, Robyn Purdy to talk about this important area. Robyn and Joanna discuss intellectual property - including what is chain of title (and how to establish it), the difference in dealing with intangible assets like intellectual property in comparison to physical assets, and what to look out for in understanding and protecting the value of IP within your organisation. [EP 117] Intellectual property ownership – tips and tricks | Aspect Legal

In this episode, we talk to multiple business awardee and Author of ONE LIFE - How to have the life of your dreams – Tina Tower. Tina, together with our host Joanna Oakey, talks all about her experience in starting, growing, licensing, franchising - and finally exiting her business. This is an incredibly raw and insightful story - and essential listening for every business builder who has ever gone through tough times, and is looking for the light at the end of the tunnel. [EP 116] A case study into building, licensing, franchising and then exiting a business: The inside story! | Aspect Legal

In this episode, we talk to Aspect Legal’s trade mark expert, Grace Yi all about the recent trade mark battle over the letters “VB” between former Spice Girl Victoria Beckham and an Australian skincare company and how this can be very relevant to you and your business. [EP 115] Lessons from Victoria Beckham’s trademark battle – and how this is relevant to your business | Aspect Legal

Scott Trevethan is the Founder and Managing Director of Go Global Bookkeeping, an Offshore Bookkeeping and Accountant Leasing business based in the Philippines. In this episode, Scott tells us everything there is to know about developing and managing your remote team: opportunities, risks, tips, and tricks. During this new normal, businesses are in full crisis mode, and managing remote teams requires a different skill set than managing direct reports in an office setting. [EP 114] Remote and Offshore Teams – the opportunities, risks, tips and traps | Aspect Legal

In this episode, we talk to Peter Lloyd who shares his fascinating business story on how through building the right kind of business you can obtain both wealth and freedom. This is a wonderful story and so well-timed given the difficult business climate so many businesses are finding themselves currently in. [EP 113] A case study in how building the right kind of business can deliver you wealth & freedom | Aspect Legal

What's next I hear you ask in regards to COVID, well today we have Aspect Legal’s very own Special Counsel - Robyn Purdy to share some important considerations and guidelines as people start returning back to their place of work. As restrictions are lifting, employers are considering bringing their team back to the office which comes with its own set of considerations. Employers are obligated to provide a COVIDsafe environment for everyone and need to follow the rules to make that happen. Robyn walks us through the key items employers need to consider and the planning for the big return. [EP 112] Return to Work : The guidelines you should have in place for staff returning to work post COVID | Aspect Legal

Getting a trade mark might not have been the first thing on your mind when COVID first hit, but there has been a lot of activity in trade mark applications in Australia during this time. Tune into our discussion on unique trade mark registrations and equip yourself with insights of interest in this area of law. [EP 111] COVID and scandalous trade marks – a walk on the wild side, with Grace Yi | Aspect Legal

In our last instalment of this three-part series, Marc Johnstone and Nathan Williams discuss the last 3 steps to increasing the multiplier of your business and provide some real examples to showcase how this whole process works to increase the multiplier of a business. [EP 110] 6 steps to increasing the multiplier of your business – Part 3 | Aspect Legal

We are back with part 2 of our three-part series on the 6 steps to increasing the multiplier of your business. In this episode, we talk about the important role of Product Innovation and Extension. And Marc, Nathan and Joanna drill into how to achieve an innovation mindset, understanding recurring revenue and case study examples, the risks of adding extra businesses and extra products, and how to identify when you should create a new product. [EP 109] 6 steps to increasing the multiplier of your business – Part 2 | Aspect Legal

Many businesses dedicate their time and focus to driving profit, without realising the real value they are missing from driving their share price multiplier. This episode looks at the 6 steps in building your share price value through increasing your business valuation multiplier and investigates a case study of a business that went from a valuation of $400k to an astonishing $11M, in just 18 months. [EP 108] 6 steps to increasing the multiplier of your business – Part 1 | Aspect Legal

As we approach the end of the financial year, and as you're booking in your planning sessions for the coming year, you do not want to forget one of the most important items - your brand protection. Today we will discuss the importance of regular trade mark reviews. We have onboard Aspect Legal’s very own trade mark expert, Grace Yi to enlighten us with why you need to regularly review and maintain trade marks when to do this and the steps to achieve this. [EP 107] Trademark – don’t just set and forget | Aspect Legal

We welcome back Stephen Guthrie from Prosperity Advisers with more insight into business structuring for dentists and medical professionals. This topic is relevant for any business owner who wants to be across and understand structuring within their business. [EP 106] Top Tips in Business structuring for dentists and medical professionals, with Stephen Guthrie Part 2 | Aspect Legal

Today, we discuss useful tips for negotiating commercial leases under the new COVID-19 Mandatory Code of Conduct with our very own Jo Wright of Aspect Legal. This episode is relevant at this time as the Mandatory Code of Conduct has now been legislated so listen in to find out about this well-timed topic! [EP 105] Tips in negotiating commercial leases under the new COVID-19 Mandatory Code of Conduct | Aspect Legal

Today, we are talking with Stephen Guthrie, Director of Business Services and Taxation at Prosperity, Sydney. Stephen provides top tips in business structuring for dentists and medical professionals and advises of the best investment structures to use for a business owner. He discusses the difference in a family trust and a unit trust and outlines the benefits of having a company sit as a beneficiary in our trust structure. [EP 104] Top Tips in Business structuring for dentists and medical professionals, with Stephen Guthrie Part 1 | Aspect Legal

Today we talk to the lovely Rosemary Gillespie from Proof Communication about how to win tenders and business awards. We look at the importance of understanding tenders and what business owners should know about awards. So buckle in and let’s get into this great episode. [EP 103] How to win tenders and business awards | Aspect Legal

It is no news that the coronavirus outbreak is impacting every aspect of our lives all over the world. Countries have to decide how to respond to closing businesses and unemployment on top of the health crises. As part of the effort to minimise the damage, the Australian Government has announced some significant changes to the current Insolvency laws. Find out as we explain the COVID Safe Harbour provisions and statutory demand changes in this episode - to understand how they might impact the directors of your business and your relationship with businesses that owe you money. [EP 102] COVID Safe Harbour Rules (for directors) and Statutory Demand changes explained | Aspect Legal

The outbreak of the coronavirus is causing a global economic slowdown. Trade, investment, growth, and employment are all affected but what can a business do to stay in the game? [EP 101] First Rule of the Game, Stay in the Game – your COVID action plan | Aspect Legal

This is not just a normal regular episode, it is very special because today, we celebrate Talking Law’s 100th episode! Last year we were very lucky to have reached our 100th episode for our sister podcast The Deal Room and right now, thanks to all of your massive and undying support, Talking Law has done the same. Join us as we go through our top 10 most popular and downloaded episodes which have really impacted you, our listeners since we started Talking Law. Do you have an episode in mind that might make the cut? Well, let’s find out. [EP 100] Reaching and Celebrating 100 Talking Law Episodes | Aspect Legal

The coronavirus outbreak has not given us an advantageous start to the year. As of today there are 198,394 reported coronavirus cases, 7,981 deaths and 165 countries and territories around the world have been affected and these numbers are increasing rapidly. With cities in lockdown, travel restrictions in place and global trade in a mess, its fair to say that this outbreak has had a massive effect on businesses worldwide. So in this episode, we have on board Robyn Purdy from our very own Aspect Legal, to discuss the implications of the coronavirus outbreak on commercial contracts and in particular Force Majeure clauses. We look at what you need to be focusing on in supply contracts where supply is now or might in the future be an issue. We also look at proactive steps you can be taking right now to get on the front foot to protect your organisation. [EP 099] Coronavirus Implications on Commercial Contracts and Force Majeure Clauses | Aspect Legal

In this episode we get legal and tax tips for accountants dealing with clients selling or acquiring a business from Peter Bembrick, a tax partner at HLB Mann Judd Sydney. Peter has provided tax assistance to businesses and individuals since he joined HLB Mann Judd over 30 years ago, and became a Partner there in 2004. We would usually cover the topic of selling and acquiring businesses on our sister podcast The Deal Room. What we are discussing today is actually part of a two-part series which can be found in the Deal Room Podcast. We felt however that part one of this series suited the audience of Talking Law. So to ensure we are reaching out to all the right people sit back and relax as we dive into legal and tax tips from Peter Bembrick.

In this episode we get legal and tax tips for accountants dealing with clients selling or acquiring a business from Peter Bembrick, a tax partner at HLB Mann Judd Sydney. Peter has provided tax assistance to businesses and individuals since he joined HLB Mann Judd over 30 years ago, and became a Partner there in 2004. We would usually cover the topic of selling and acquiring businesses on our sister podcast The Deal Room. What we are discussing today is actually part of a two-part series which can be found in the Deal Room Podcast. We felt however that part one of this series suited the audience of Talking Law. So to ensure we are reaching out to all the right people sit back and relax as we dive into legal and tax tips from Peter Bembrick. [EP 098] Top Legal and Tax tips for accountants dealing with clients selling (or acquiring) a business | Aspect Legal

In this week's episode, our resident trademarks guru Grace Yi takes us through a recent and interesting trademark application in the US by Apple for the word “Slofie”. We also discuss the importance of registering a trademark so that you can control its use.