Latest publications
Down, down, prices are down … or are they?
In Brief Retailers must not mislead customers about the amount of money they are saving during advertised sale periods. ACCC v Jewellery Group Pty Limited (No 2) [2013] FCA 14 Last month, the Federal Court found that Zamel’s Jewellers engaged in misleading or deceptive conduct and made false or misleading representations by distributing…
Important Changes to Employment Law for 2013
Fair Work Changes Various amendments made to the Fair Work Act 2009 (Cth) came into force on 1 January 2013. A significant change is to the time periods within which dismissal applications must be lodged with the renamed Fair Work Commission (formerly Fair Work Australia): The time for lodging an unfair dismissal claim increases…
Commonwealth Penalty Units to Rise by end 2012
The monetary amount of penalties for offences under Commonwealth legislation are set to increase significantly by the end of 2012 under legislation recently passed by Parliament. The legislation implementing the increase is contained in the Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Bill 2012, which was assented to…
Cheaper online option for patent applications
IP Australia’s Patent Office has introduced an online facility that now gives patent applicants and owners an easy and secure system for the electronic filing of patent applications and the ongoing management of those applications and any granted patents. Applicants (or their patent attorneys) can now apply online for: a provisional application…
Corporate update
In Brief The corporate team discuss recent developments concerning side deals and indemnities in commercial contracts as well as directors’ liability changes in NSW, changes in Work Health and Safety Laws and changes to corporate penalties. Side Deals Adicho v Dankeith Homes Pty Ltd [2012] NSWCA 316 Any side deals and collateral contracts should be…
Can an employer ban tattoos in the workplace?
In Brief The visible tattoos that individuals adorn their bodies with can become the subject of discussion in the workplace. There is a diversity of opinion as to whether tattoos are a positive, negative or neutral presence in the workplace. This article discusses whether an employer can prevent tattoos in the workplace. Tattooing…
Employee rights when your employer becomes insolvent
In Brief In October 2012 the Federal Government introduced the Fair Entitlements Guarantee Bill 2012 to formalise by legislation, what has to date operated as the General Employee Entitlements and Redundancy Scheme (GEERS). The Bill is likely to become law in early 2013. This article discusses who is eligible for financial…
My partner has passed away without leaving a Will what should I do?
In Brief Where a person dies without a valid Will they are said to have died ‘intestate’. In these circumstances the Supreme Court will grant Letters of Administration instead of the Grant of Probate. This article discusses who may apply for Letters of Administration and the procedure involved. Letters of Administration Where a person dies…
The Scab Sign Incident
In Brief On 7 November 2012 Justice Jessup of the Federal Court of Australia gave his judgment in Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 1218. The case was a claim under the general protection provisions of the Fair Work Act 2009 (Cth) (the Act) and…
Federal Anti Discrimination Legislation Harmonised
In Brief The Federal Government recently released an exposure draft of its proposed Human Rights and Anti-Discrimination Bill 2012 (the Bill). The Bill harmonises the current five pieces of Federal anti discrimination legislation: Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth), Disability Discrimination Act 1992 (Cth), Age Discrimination Act…