Last month we reported on the case of Fabcot Pty Ltd v Port Macquarie-Hastings Council [2010] NSWSC 726. If you missed the article, the case related to a decision by the Supreme Court that in certain circumstances, even if the … Continue reading
Last year we saw the government begin a crackdown on phoenixing activity from several different angles with the introduction of a number of new draft laws. Click here for our previous report. The Office of the Treasury had withdrawn the … Continue reading
In a rare event, an Australian Court has awarded thousands of dollars of damages to an artist for the breach of their moral rights. The case is a great illustration of what “moral rights” legislation protects, and is interesting reading … Continue reading
There’s been a surprising case decided recently that could have huge consequences for commercial negotiations that use a tender process. If you’re negotiating a purchase of a large or unique item, do you have a right to know that the … Continue reading
In beginning our series on the new national Australian Consumer Laws (ACL), in this issue we’ll be covering the area of consumer guarantees. Before you discard this article thinking that the changes won’t impact your role, perhaps take a few … Continue reading
If you are in business, you should have heard by now that there is a new Australian Consumer Law (ACL). If you haven’t, in bringing you up to speed – it is a new single national consumer law that commenced … Continue reading
In beginning our series on the new national Australian Consumer Laws (ACL), in this issue we’ll be covering the area of consumer guarantees. If you are in the business of providing goods or services, you will now be automatically liable … Continue reading
The ACCC is continuing to crackdown on suppliers who engage in resale price maintenance. Two companies, Edwards Essences and Eternal Beauty, have been the latest to come under fire for telling their retailers not to sell products below a recommended … Continue reading
New laws are being heralded in with the new year, as the new Work Health & Safety Legislation came into force from 1st January 2012. These new laws might change the way workplace safety is managed, but the basics of … Continue reading
Do you engage independent contractors? If so, you might be interested to hear about the Fair Work Ombudsman’s approach to the murky area of “sham contracting” and where they found many businesses had started crossing the line… Providing a timely … Continue reading
Many people mistake the perceived anonymity of social media as a green light to do and say whatever they feel like, without thinking through the consequences beyond the online world. But comments you (or your employees) make while blogging or … Continue reading
Do you ever go on overseas training conferences? How about a seminar on a cruise ship? Take care! The Tax Office is scrutinising claims made for training expenses that seem to “coincide” with a holiday, and especially those for self-study, … Continue reading
Mediation can be a much more user-friendly way of resolving a dispute than going to court, and it has a proven success rate. Mediation is informal and, if successful, provides a cheaper and quicker means of settling differences. Statistics show … Continue reading
Before you decide to sign up for cloud computing, there are issues relating to location of data, security and reliability, and data exit that you should be aware of. ‘The cloud’ relates to providing computing services such as computer power, … Continue reading
We get asked this question all the time. So in this timely article we decided to clear up the confusion once and for all as to the differences between these 2 symbols, what they represent and when they should be … Continue reading
The case of ACCC v Allergy Pathway, recently handed down by the Federal Court, serves a chilling warning about the responsibility that businesses have to monitor their social media threads – to ensure that comments made by others aren’t causing … Continue reading
Social media is a double-edged sword. Businesses are increasingly using it for marketing purposes but also face the risks of their employees abusing it, either at work or through comments they or their friends post online. Facebook has more than … Continue reading
Businesses using social media need to closely monitor what they, and their employees, are saying about others to ensure you aren’t in the firing line of our defamation laws. In this article, we provide an outline of what constitutes defamation … Continue reading
In this first article in the series, we are starting with a brief overview of insurances. What insurance do you really need your suppliers to be holding, and what is overkill – and possibly costing you more for your goods … Continue reading
Indemnities are usually the most bitterly fought out clauses in contract negotiations, and often the least understood. The problem lies in the reality that these clauses are in your contracts to deal with that awful 4 letter word – your … Continue reading
