Speaking in 1994, Justice Michael Kirby, then president of the New South Wales Court of Appeal and now a justice of the High Court, stated: 'No-one can venture upon business activities in Australia today without at least a general grounding in the law'. Over the last seven years the law has, if anything, become even more complex, making Justice Kirby's warning all the more significant.
In many respects it is not the 'big end of town', amply equipped with legal advisors, that needs to heed this advice. It is most important to the thousands of small business-people, especially those in rural areas, who are directors of family companies, partners in partnerships and managers of workforces. These are the people who need support in coping with the regulation of their affairs by three levels of government.
We are becoming a more legally active nation, with civil lawsuits apparently on the increase and damages awards climbing steeply. Now, more than ever, business people cannot afford to drop their guard and ignore the law.
This section cannot be a complete guide to the legal pitfalls of business, but it is intended to alert readers to areas of concern in their own fields, indicate problems as they arise and point out the stage at which professional legal advice should be sought.
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