Five Business Documents Every Established Business Should Review This Financial Year
July 2026 Edition
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Cast your mind back to when you started your business. Somewhere in those early months you signed a stack of documents: an agreement with your business partner, a few employment contracts, maybe a set of terms and conditions that came from a template or a mate who'd done it before. You signed them, filed them, and got on with the actual work of running the place.
When did you last read any of them?
For most established businesses, the honest answer is "not since we set up". That's where problems can start.
Your business has grown and changed enormously since then. The documents haven't moved an inch. That gap between what your paperwork says and how your business actually runs is exactly where trouble likes to hide. It usually surfaces at the worst possible moment: when a relationship sours, someone falls ill, or a deal falls through.
Here are five documents worth reviewing this financial year.
1. Your shareholders' agreement, partnership agreement, constitution or trust deed
This is the paperwork that answers the awkward questions nobody wants to ask while everyone's getting along.
What happens if a co-owner wants out? If one of you dies? If someone wants to sell their share to an outsider you'd never choose to be in business with? If your business structure has changed over the years, do the documents still reflect reality?
If you don't have an agreement at all, and plenty of successful businesses don't, those decisions may ultimately be determined by legislation and default legal rules that were never designed around the way your business operates.
If you do have one, but it was drawn up years ago when the business looked completely different, it may no longer reflect who's involved, what the business is worth, or how you'd want things handled today.
2. Your buy/sell agreement (sometimes called business succession agreement / buyout deed)
Closely related, and just as easy to forget.
A buy/sell agreement sets out what happens to an owner's share if they die or can no longer work, and it's often funded by life or disability insurance taken out years ago.
The mechanism only works if the money behind it still stacks up.
Business values drift upward. Insurance cover doesn't automatically follow. We regularly see arrangements where the agreement promises one thing and the funding delivers something far short of it.
It's worth checking the numbers still line up.
3. Your employment and contractor agreements
Workplace laws don't stand still, and neither should your contracts.
Recent changes have placed greater focus on the reality of a working relationship rather than simply what the contract says. That means an arrangement that made sense a few years ago may deserve another look today.
An out-of-date contract, or a handshake arrangement that was never properly documented, can leave you exposed to disputes about pay, leave, superannuation and other entitlements long after the relationship has ended.
It's worth reviewing your casual arrangements too, along with any employment or contractor templates you've been reusing without much thought. What was fine five years ago may not be fine now.
4. Your terms and conditions, and your privacy policy
If your business sells, quotes, or collects customer information, particularly online, these documents do more heavy lifting than most owners realise.
Good terms and conditions help you get paid, set out what you're responsible for (and what you're not), and give you something solid to stand on when a customer disputes an invoice.
Your privacy policy matters more than it used to as well; even where the Privacy Act doesn't strictly apply, customers increasingly expect it.
Businesses are facing increasing scrutiny around how they collect, store and use personal information. A privacy policy copied from another website years ago is unlikely to reflect what you're actually doing today.
Following the rise in cyber incidents and data breaches, customers and regulators alike expect businesses to understand what information they hold, how it's protected and who has access to it. If your privacy policy doesn't accurately reflect your practices, it's probably time for a review.
5. Your succession plan and powers of attorney
Here's a question most owners avoid: what happens to the business if you can't be there to run it, for a fortnight, or for good?
Who signs off on EFT payments & wages? Who deals with the bank? Who makes decisions? Who keeps the lights on?
For many businesses, key client relationships, banking authorities and operational knowledge sit with one or two people. If that person suddenly becomes unavailable, the disruption can be immediate.
For companies, this usually needs to work alongside your constitution as an attorney can't simply step into a director's shoes, which is why the documents need to be designed together.
A properly prepared enduring power of attorney, together with a clear succession plan, can help ensure someone has authority to manage key business affairs if you're unable to do so.
It's not a pleasant thing to think about, which is exactly why so few people have it sorted.
Before moving on, it is worth asking yourself a few simple questions:
- Do your ownership documents still reflect your current business structure?
- Have your employment and contractor agreements been reviewed in the last few years?
- Have your terms and conditions kept pace with the way your business now operates
- Does your privacy policy accurately reflect how you collect and use personal information?
- Would someone know how to keep the business running if you were suddenly unavailable?
If you answered "no", or even "I'm not sure", to any of those questions, it may be time for a review.
Don't try to fix everything at once.
If that list feels like a lot, don't worry. You don't need a full legal audit, and you certainly don't need to do everything at once.
Pick one document this quarter and have it reviewed. For most established businesses, ownership documents are often the best place to start because they help protect the thing you've spent years building.
Many business owners are surprised by how much has changed since those documents were first signed. A short review now is usually far easier, and far less expensive, than dealing with a problem after it arises. The businesses that handle these issues well are not necessarily the ones with the thickest folders. They are the ones that occasionally stop and make sure their paperwork still reflects the reality of how the business operates today.
Not sure whether your key business documents still hold up? Pick one and let our commercial team take a look this quarter. A short review now can save a great deal of trouble later. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au.
Disclaimer:
This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
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Our Latest Story
By October 2026 Edition
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8 October 2026
Cash flow pressure, overdue tax and unpaid suppliers can build gradually, leaving company directors unsure whether the business is experiencing a temporary setback or may be insolvent. Recognising the warning signs and seeking advice early may preserve more options and help directors reduce their personal risk. A company is generally insolvent when it cannot pay its debts as and when they fall due. Financial difficulty does not always mean a business must close, but delays in seeking advice can reduce the restructuring options available, increase business losses and expose company directors to greater personal risk. Business Owner vs Company Director: What’s the Difference? A business owner is someone who owns all or part of a business, while a company director is formally appointed to manage a company and has specific legal responsibilities. In many small businesses, the owner is also a director, but this is not always the case – for example, a sole trader is a business owner but not a company director. Company directors are expected to stay informed about the company’s financial position and take action when warning signs emerge. Ignoring the problem or continuing to incur debts without a realistic ability to pay them may expose directors to serious consequences. Common Warning Signs of Insolvency Warning signs may include ongoing losses, poor cash flow, overdue tax or superannuation, suppliers being paid outside normal terms, increasing debt, difficulty collecting money owed to the business, reliance on personal funds, incomplete financial records, payment arrangements with selected creditors, demands or court documents and suppliers moving the company to cash-on-delivery terms. No single warning sign necessarily proves insolvency. However, directors should seek an immediate review of the company’s financial position when several signs occur together, debts cannot be paid on time or the company is relying on new borrowing or personal funds to meet existing obligations. What Are a Company Director’s Responsibilities? Company directors must understand the company’s operations and financial position, ensure proper records are kept and prevent the company from trading while insolvent. If insolvency is suspected, directors should investigate promptly and obtain appropriate accounting and legal advice. Directors should not rely solely on current bank balances. Cash flow forecasts, debts falling due, tax obligations, employee entitlements, available finance and the realistic recoverability of money owed to the company may all be relevant. What Can Happen If a Company Trades While Insolvent? Continuing to incur debts while insolvent can lead to civil penalties, compensation claims and, in serious cases, criminal consequences. Directors may also face scrutiny over transactions made shortly before an external administration, including payments that unfairly favour one creditor or transfers that remove company assets for less than their true value. What Should Company Directors Do First? Company directors should bring the company’s financial records up to date, prepare a realistic cash flow forecast and identify debts that are already overdue or will shortly fall due. This information can help professional advisers assess whether the company can continue trading and which restructuring or external administration options may remain available. Directors should also avoid selectively paying creditors or transferring assets without advice, as those transactions may later be challenged. Professional advice should be sought before entering new commitments, using personal funds, granting security, selling assets or agreeing to arrangements that may affect creditors. Could the Business Be Restructured? Depending on the company’s circumstances, options may include informal negotiations with creditors, safe harbour planning, small business restructuring, voluntary administration or liquidation. The most appropriate pathway will depend on whether the underlying business is viable, the level and type of debt, available assets and the support of key stakeholders. Early advice is important because some options require careful planning and may no longer be available once the company has exhausted its cash or creditor support. How CJM Lawyers Can Help CJM Lawyers can advise company directors experiencing financial distress, assess legal risk, explain restructuring and external administration options and work alongside accountants and registered insolvency practitioners. We can also assist with creditor negotiations, statutory demands, court proceedings and disputes involving liquidators or company transactions. If your company is struggling to pay debts when they fall due, has overdue tax or superannuation, or is relying on personal funds to meet ongoing expenses, contact CJM Lawyers early. Timely advice may help clarify whether the company is insolvent, preserve restructuring options and reduce the risk of the situation becoming more difficult to manage. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By October 2026 Edition
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8 October 2026
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By September 2026 Edition
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10 September 2026
Bought off-the-plan and the developer is trying to cancel your contract? Don’t assume it’s the end of the road. Buying property is exciting, but buying off the plan comes with a unique risk: you are committing to a home or investment before it has been built. If completion is delayed and the developer later tries to walk away from the contract, buyers can be left uncertain about their rights, their deposit and the property they hoped to secure. That issue was recently considered by the Queensland Supreme Court in a case involving Chevron One Apartments on the Gold Coast, Queensland. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Court declared the contracts valid and binding, reinforcing an important message for buyers: if you receive a termination notice, it is worth getting legal advice before assuming your contract is over. What Is an Off-the-Plan Property? An off-the-plan property is a property purchased before construction is complete. Instead of buying an existing apartment, townhouse or home, the buyer enters into a contract based on plans, specifications and development documents. This type of purchase can appeal to buyers who want to secure a property early, plan a future move, arrange finance over time or invest before a project is complete. However, because construction and registration can take months or even years, off-the-plan contracts often include strict timelines and conditions that buyers need to understand before settlement. What Is a Sunset Clause? A sunset clause sets a deadline for important steps in a development to be completed. In an off-the-plan contract, this may include registration of the plan, creation of title, completion of construction or settlement. If the deadline passes and the required steps have not happened, the contract may give one or both parties a right to end the contract. However, that right is not always automatic – especially where a developer is relying on the clause to cancel the contract. The wording of the contract, the reason for the delay and any relevant legal requirements all need to be carefully considered. A Recent Win for Property Buyers CJM Lawyers recently acted for one of the purchasers in Supreme Court proceedings concerning the Chevron One development on the Gold Coast. The purchasers had entered into off-the-plan contracts in 2021, with settlement to occur by dates set several years later. When those dates passed, the developer sought to end the contracts. The buyers refused to accept the terminations and took the matter to the Supreme Court. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Queensland Supreme Court declared the contracts valid and binding. Critically, the Court found no basis for allowing the developer to benefit from its own breach of contract. The developer's attempt to point to pandemic-related supply chain disruptions as justification for termination was also rejected. What Should Buyers Do If a Developer Tries to Terminate? If a developer sends you a sunset clause termination notice, do not assume your contract is over. Whether the termination is valid may depend on the wording of the contract, the reason for the delay, the timing of the notice and the steps taken by each party. You should seek legal advice as soon as possible if your development has experienced lengthy delays, you have received a termination notice, a developer is relying on a sunset clause, or you are unsure whether your contract is still binding. Getting advice early can help you understand your rights before you accept a refund, sign documents or make decisions that may affect your legal position. How CJM Lawyers Can Help CJM Lawyers can assist buyers with off-the-plan property disputes, sunset clause issues and proposed contract terminations. Our Litigation team can review your contract and supporting documents, assess whether a termination is likely to be valid, explain your options, negotiate with developers and represent you in court proceedings where necessary. If your developer is trying to cancel your off-the-plan contract, speak with CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
Our Latest Story
By October 2026 Edition
•
8 October 2026
Cash flow pressure, overdue tax and unpaid suppliers can build gradually, leaving company directors unsure whether the business is experiencing a temporary setback or may be insolvent. Recognising the warning signs and seeking advice early may preserve more options and help directors reduce their personal risk. A company is generally insolvent when it cannot pay its debts as and when they fall due. Financial difficulty does not always mean a business must close, but delays in seeking advice can reduce the restructuring options available, increase business losses and expose company directors to greater personal risk. Business Owner vs Company Director: What’s the Difference? A business owner is someone who owns all or part of a business, while a company director is formally appointed to manage a company and has specific legal responsibilities. In many small businesses, the owner is also a director, but this is not always the case – for example, a sole trader is a business owner but not a company director. Company directors are expected to stay informed about the company’s financial position and take action when warning signs emerge. Ignoring the problem or continuing to incur debts without a realistic ability to pay them may expose directors to serious consequences. Common Warning Signs of Insolvency Warning signs may include ongoing losses, poor cash flow, overdue tax or superannuation, suppliers being paid outside normal terms, increasing debt, difficulty collecting money owed to the business, reliance on personal funds, incomplete financial records, payment arrangements with selected creditors, demands or court documents and suppliers moving the company to cash-on-delivery terms. No single warning sign necessarily proves insolvency. However, directors should seek an immediate review of the company’s financial position when several signs occur together, debts cannot be paid on time or the company is relying on new borrowing or personal funds to meet existing obligations. What Are a Company Director’s Responsibilities? Company directors must understand the company’s operations and financial position, ensure proper records are kept and prevent the company from trading while insolvent. If insolvency is suspected, directors should investigate promptly and obtain appropriate accounting and legal advice. Directors should not rely solely on current bank balances. Cash flow forecasts, debts falling due, tax obligations, employee entitlements, available finance and the realistic recoverability of money owed to the company may all be relevant. What Can Happen If a Company Trades While Insolvent? Continuing to incur debts while insolvent can lead to civil penalties, compensation claims and, in serious cases, criminal consequences. Directors may also face scrutiny over transactions made shortly before an external administration, including payments that unfairly favour one creditor or transfers that remove company assets for less than their true value. What Should Company Directors Do First? Company directors should bring the company’s financial records up to date, prepare a realistic cash flow forecast and identify debts that are already overdue or will shortly fall due. This information can help professional advisers assess whether the company can continue trading and which restructuring or external administration options may remain available. Directors should also avoid selectively paying creditors or transferring assets without advice, as those transactions may later be challenged. Professional advice should be sought before entering new commitments, using personal funds, granting security, selling assets or agreeing to arrangements that may affect creditors. Could the Business Be Restructured? Depending on the company’s circumstances, options may include informal negotiations with creditors, safe harbour planning, small business restructuring, voluntary administration or liquidation. The most appropriate pathway will depend on whether the underlying business is viable, the level and type of debt, available assets and the support of key stakeholders. Early advice is important because some options require careful planning and may no longer be available once the company has exhausted its cash or creditor support. How CJM Lawyers Can Help CJM Lawyers can advise company directors experiencing financial distress, assess legal risk, explain restructuring and external administration options and work alongside accountants and registered insolvency practitioners. We can also assist with creditor negotiations, statutory demands, court proceedings and disputes involving liquidators or company transactions. If your company is struggling to pay debts when they fall due, has overdue tax or superannuation, or is relying on personal funds to meet ongoing expenses, contact CJM Lawyers early. Timely advice may help clarify whether the company is insolvent, preserve restructuring options and reduce the risk of the situation becoming more difficult to manage. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By October 2026 Edition
•
8 October 2026
Received a termination notice from your developer? Before accepting a refund or assuming the contract is over, take steps to protect your position. When an off-the-plan development is delayed, a developer may seek to end the sale contract by relying on a sunset clause or another contractual right. The notice can appear final, but whether the termination is valid will depend on the contract, the circumstances surrounding the delay and the steps taken by each party. CJM Lawyers recently acted for a purchaser in successfully disputing a developer’s attempt to terminate an off-the-plan contract relating to the Chevron One development on the Gold Coast. The Queensland Supreme Court declared the contracts valid and binding, verifying why buyers should obtain advice before treating a termination notice as the end of a matter. 1. Do Not Immediately Accept a Refund or Sign Further Documents Accepting the return of your deposit, signing a release or agreeing that the contract has ended may affect the options available to you. Before responding, seek legal advice about what the notice means and whether the developer has a valid right to terminate. 2. Check the Deadline for Responding The notice or contract may contain strict timeframes. Record the date the notice was received and arrange an urgent review so that any response, objection or court application can be considered before a deadline passes. 3. Gather the Contract and All Supporting Documents Locate the signed contract, disclosure material, variations, extension notices, emails, letters and any updates about construction or registration. These documents can help establish what the parties agreed, what caused the delay and whether the required process was followed. 4. Review the Sunset Clause and Termination Wording A sunset date passing does not necessarily mean a developer can automatically cancel. The exact wording of the contract, any notice requirements and the relevant law must be considered together. 5. Create a Timeline of the Development Prepare a simple timeline recording key dates, promised completion dates, extensions, reported causes of delay and communications from the developer. This can help us assess whether the developer contributed to the delay or complied with its obligations. 6. Be Clear About the Outcome You Want Some buyers want the contract to remain on foot so they can complete the purchase. Others may prefer to exit and recover their deposit. Your preferred outcome will help shape the legal and commercial strategy. 7. Obtain Legal Advice Early Early advice can help you understand whether the termination is likely to be valid, identify urgent steps and avoid actions that could weaken your position. Depending on the circumstances, options may include disputing the notice, negotiating with the developer or seeking court orders. How CJM Lawyers Can Help CJM Lawyers can review your off-the-plan contract, termination notice and supporting documents, explain your options and communicate with the developer on your behalf. Our Litigation team can also represent you in negotiations and court proceedings where necessary. If a developer is trying to cancel your off-the-plan contract, contact CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By September 2026 Edition
•
10 September 2026
Bought off-the-plan and the developer is trying to cancel your contract? Don’t assume it’s the end of the road. Buying property is exciting, but buying off the plan comes with a unique risk: you are committing to a home or investment before it has been built. If completion is delayed and the developer later tries to walk away from the contract, buyers can be left uncertain about their rights, their deposit and the property they hoped to secure. That issue was recently considered by the Queensland Supreme Court in a case involving Chevron One Apartments on the Gold Coast, Queensland. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Court declared the contracts valid and binding, reinforcing an important message for buyers: if you receive a termination notice, it is worth getting legal advice before assuming your contract is over. What Is an Off-the-Plan Property? An off-the-plan property is a property purchased before construction is complete. Instead of buying an existing apartment, townhouse or home, the buyer enters into a contract based on plans, specifications and development documents. This type of purchase can appeal to buyers who want to secure a property early, plan a future move, arrange finance over time or invest before a project is complete. However, because construction and registration can take months or even years, off-the-plan contracts often include strict timelines and conditions that buyers need to understand before settlement. What Is a Sunset Clause? A sunset clause sets a deadline for important steps in a development to be completed. In an off-the-plan contract, this may include registration of the plan, creation of title, completion of construction or settlement. If the deadline passes and the required steps have not happened, the contract may give one or both parties a right to end the contract. However, that right is not always automatic – especially where a developer is relying on the clause to cancel the contract. The wording of the contract, the reason for the delay and any relevant legal requirements all need to be carefully considered. A Recent Win for Property Buyers CJM Lawyers recently acted for one of the purchasers in Supreme Court proceedings concerning the Chevron One development on the Gold Coast. The purchasers had entered into off-the-plan contracts in 2021, with settlement to occur by dates set several years later. When those dates passed, the developer sought to end the contracts. The buyers refused to accept the terminations and took the matter to the Supreme Court. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Queensland Supreme Court declared the contracts valid and binding. Critically, the Court found no basis for allowing the developer to benefit from its own breach of contract. The developer's attempt to point to pandemic-related supply chain disruptions as justification for termination was also rejected. What Should Buyers Do If a Developer Tries to Terminate? If a developer sends you a sunset clause termination notice, do not assume your contract is over. Whether the termination is valid may depend on the wording of the contract, the reason for the delay, the timing of the notice and the steps taken by each party. You should seek legal advice as soon as possible if your development has experienced lengthy delays, you have received a termination notice, a developer is relying on a sunset clause, or you are unsure whether your contract is still binding. Getting advice early can help you understand your rights before you accept a refund, sign documents or make decisions that may affect your legal position. How CJM Lawyers Can Help CJM Lawyers can assist buyers with off-the-plan property disputes, sunset clause issues and proposed contract terminations. Our Litigation team can review your contract and supporting documents, assess whether a termination is likely to be valid, explain your options, negotiate with developers and represent you in court proceedings where necessary. If your developer is trying to cancel your off-the-plan contract, speak with CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
Our Latest Story
By October 2026 Edition
•
8 October 2026
Cash flow pressure, overdue tax and unpaid suppliers can build gradually, leaving company directors unsure whether the business is experiencing a temporary setback or may be insolvent. Recognising the warning signs and seeking advice early may preserve more options and help directors reduce their personal risk. A company is generally insolvent when it cannot pay its debts as and when they fall due. Financial difficulty does not always mean a business must close, but delays in seeking advice can reduce the restructuring options available, increase business losses and expose company directors to greater personal risk. Business Owner vs Company Director: What’s the Difference? A business owner is someone who owns all or part of a business, while a company director is formally appointed to manage a company and has specific legal responsibilities. In many small businesses, the owner is also a director, but this is not always the case – for example, a sole trader is a business owner but not a company director. Company directors are expected to stay informed about the company’s financial position and take action when warning signs emerge. Ignoring the problem or continuing to incur debts without a realistic ability to pay them may expose directors to serious consequences. Common Warning Signs of Insolvency Warning signs may include ongoing losses, poor cash flow, overdue tax or superannuation, suppliers being paid outside normal terms, increasing debt, difficulty collecting money owed to the business, reliance on personal funds, incomplete financial records, payment arrangements with selected creditors, demands or court documents and suppliers moving the company to cash-on-delivery terms. No single warning sign necessarily proves insolvency. However, directors should seek an immediate review of the company’s financial position when several signs occur together, debts cannot be paid on time or the company is relying on new borrowing or personal funds to meet existing obligations. What Are a Company Director’s Responsibilities? Company directors must understand the company’s operations and financial position, ensure proper records are kept and prevent the company from trading while insolvent. If insolvency is suspected, directors should investigate promptly and obtain appropriate accounting and legal advice. Directors should not rely solely on current bank balances. Cash flow forecasts, debts falling due, tax obligations, employee entitlements, available finance and the realistic recoverability of money owed to the company may all be relevant. What Can Happen If a Company Trades While Insolvent? Continuing to incur debts while insolvent can lead to civil penalties, compensation claims and, in serious cases, criminal consequences. Directors may also face scrutiny over transactions made shortly before an external administration, including payments that unfairly favour one creditor or transfers that remove company assets for less than their true value. What Should Company Directors Do First? Company directors should bring the company’s financial records up to date, prepare a realistic cash flow forecast and identify debts that are already overdue or will shortly fall due. This information can help professional advisers assess whether the company can continue trading and which restructuring or external administration options may remain available. Directors should also avoid selectively paying creditors or transferring assets without advice, as those transactions may later be challenged. Professional advice should be sought before entering new commitments, using personal funds, granting security, selling assets or agreeing to arrangements that may affect creditors. Could the Business Be Restructured? Depending on the company’s circumstances, options may include informal negotiations with creditors, safe harbour planning, small business restructuring, voluntary administration or liquidation. The most appropriate pathway will depend on whether the underlying business is viable, the level and type of debt, available assets and the support of key stakeholders. Early advice is important because some options require careful planning and may no longer be available once the company has exhausted its cash or creditor support. How CJM Lawyers Can Help CJM Lawyers can advise company directors experiencing financial distress, assess legal risk, explain restructuring and external administration options and work alongside accountants and registered insolvency practitioners. We can also assist with creditor negotiations, statutory demands, court proceedings and disputes involving liquidators or company transactions. If your company is struggling to pay debts when they fall due, has overdue tax or superannuation, or is relying on personal funds to meet ongoing expenses, contact CJM Lawyers early. Timely advice may help clarify whether the company is insolvent, preserve restructuring options and reduce the risk of the situation becoming more difficult to manage. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By October 2026 Edition
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8 October 2026
Received a termination notice from your developer? Before accepting a refund or assuming the contract is over, take steps to protect your position. When an off-the-plan development is delayed, a developer may seek to end the sale contract by relying on a sunset clause or another contractual right. The notice can appear final, but whether the termination is valid will depend on the contract, the circumstances surrounding the delay and the steps taken by each party. CJM Lawyers recently acted for a purchaser in successfully disputing a developer’s attempt to terminate an off-the-plan contract relating to the Chevron One development on the Gold Coast. The Queensland Supreme Court declared the contracts valid and binding, verifying why buyers should obtain advice before treating a termination notice as the end of a matter. 1. Do Not Immediately Accept a Refund or Sign Further Documents Accepting the return of your deposit, signing a release or agreeing that the contract has ended may affect the options available to you. Before responding, seek legal advice about what the notice means and whether the developer has a valid right to terminate. 2. Check the Deadline for Responding The notice or contract may contain strict timeframes. Record the date the notice was received and arrange an urgent review so that any response, objection or court application can be considered before a deadline passes. 3. Gather the Contract and All Supporting Documents Locate the signed contract, disclosure material, variations, extension notices, emails, letters and any updates about construction or registration. These documents can help establish what the parties agreed, what caused the delay and whether the required process was followed. 4. Review the Sunset Clause and Termination Wording A sunset date passing does not necessarily mean a developer can automatically cancel. The exact wording of the contract, any notice requirements and the relevant law must be considered together. 5. Create a Timeline of the Development Prepare a simple timeline recording key dates, promised completion dates, extensions, reported causes of delay and communications from the developer. This can help us assess whether the developer contributed to the delay or complied with its obligations. 6. Be Clear About the Outcome You Want Some buyers want the contract to remain on foot so they can complete the purchase. Others may prefer to exit and recover their deposit. Your preferred outcome will help shape the legal and commercial strategy. 7. Obtain Legal Advice Early Early advice can help you understand whether the termination is likely to be valid, identify urgent steps and avoid actions that could weaken your position. Depending on the circumstances, options may include disputing the notice, negotiating with the developer or seeking court orders. How CJM Lawyers Can Help CJM Lawyers can review your off-the-plan contract, termination notice and supporting documents, explain your options and communicate with the developer on your behalf. Our Litigation team can also represent you in negotiations and court proceedings where necessary. If a developer is trying to cancel your off-the-plan contract, contact CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By September 2026 Edition
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10 September 2026
Bought off-the-plan and the developer is trying to cancel your contract? Don’t assume it’s the end of the road. Buying property is exciting, but buying off the plan comes with a unique risk: you are committing to a home or investment before it has been built. If completion is delayed and the developer later tries to walk away from the contract, buyers can be left uncertain about their rights, their deposit and the property they hoped to secure. That issue was recently considered by the Queensland Supreme Court in a case involving Chevron One Apartments on the Gold Coast, Queensland. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Court declared the contracts valid and binding, reinforcing an important message for buyers: if you receive a termination notice, it is worth getting legal advice before assuming your contract is over. What Is an Off-the-Plan Property? An off-the-plan property is a property purchased before construction is complete. Instead of buying an existing apartment, townhouse or home, the buyer enters into a contract based on plans, specifications and development documents. This type of purchase can appeal to buyers who want to secure a property early, plan a future move, arrange finance over time or invest before a project is complete. However, because construction and registration can take months or even years, off-the-plan contracts often include strict timelines and conditions that buyers need to understand before settlement. What Is a Sunset Clause? A sunset clause sets a deadline for important steps in a development to be completed. In an off-the-plan contract, this may include registration of the plan, creation of title, completion of construction or settlement. If the deadline passes and the required steps have not happened, the contract may give one or both parties a right to end the contract. However, that right is not always automatic – especially where a developer is relying on the clause to cancel the contract. The wording of the contract, the reason for the delay and any relevant legal requirements all need to be carefully considered. A Recent Win for Property Buyers CJM Lawyers recently acted for one of the purchasers in Supreme Court proceedings concerning the Chevron One development on the Gold Coast. The purchasers had entered into off-the-plan contracts in 2021, with settlement to occur by dates set several years later. When those dates passed, the developer sought to end the contracts. The buyers refused to accept the terminations and took the matter to the Supreme Court. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Queensland Supreme Court declared the contracts valid and binding. Critically, the Court found no basis for allowing the developer to benefit from its own breach of contract. The developer's attempt to point to pandemic-related supply chain disruptions as justification for termination was also rejected. What Should Buyers Do If a Developer Tries to Terminate? If a developer sends you a sunset clause termination notice, do not assume your contract is over. Whether the termination is valid may depend on the wording of the contract, the reason for the delay, the timing of the notice and the steps taken by each party. You should seek legal advice as soon as possible if your development has experienced lengthy delays, you have received a termination notice, a developer is relying on a sunset clause, or you are unsure whether your contract is still binding. Getting advice early can help you understand your rights before you accept a refund, sign documents or make decisions that may affect your legal position. How CJM Lawyers Can Help CJM Lawyers can assist buyers with off-the-plan property disputes, sunset clause issues and proposed contract terminations. Our Litigation team can review your contract and supporting documents, assess whether a termination is likely to be valid, explain your options, negotiate with developers and represent you in court proceedings where necessary. If your developer is trying to cancel your off-the-plan contract, speak with CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
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