Latest publications
Following candidates or employees on social networking sites: A minefield
In Brief Social networking is not a fad, but a fundamental shift in the way we communicate. Thus it is no surprise that employers are increasingly using social networking sites to vet potential employees and to monitor the behaviour of current employees. However, this development raises significant privacy concerns and can expose…
Beware — Adverse Action may result in reinstatement
In Brief The last thing any employer wants is to be forced into reinstating an employee after a messy general protections dispute. Until recently, most general protections claims have resulted in either the dismissal of an employee or an award of damages and compensation. However the recent case of CFMEU v Pilbara Iron…
Update on Parental leave
On 1 October 2012 the balance of various provisions of the Paid Parental Leave and Other Legislation Amendment (Dad and Partner Pay and Other Measure) Act 2012 will commence. This piece of legislation in particular, amends two pieces of legislation: the Paid Parental Leave Act 2010 and the Fair Work Act…
Outgoings — review of lettable area
In brief Broadly speaking, the definition of the lettable area in a lease must be appropriately drafted and scrutinised to ensure that it encapsulates the intention of the landlord and the tenant. This is paramount in regard to a landlord’s ability to apportion costs to and recover costs from tenants and weighs heavily on…
EU court clarifies trade mark infringement in use of Google AdWords
A recent European court decision has caused European companies to think carefully about the type of keywords they use in their Google AdWords campaign. Portakabin Ltd v Primakabin BV In Portakabin Ltd v Primakabin BV, the court found that the use of a registered trade mark as a keyword search term infringed the trade mark owner’s…
Paid parental leave legislation, unpaid leave and flexible work arrangements under the Fair Work Act
In brief — paid parental leave A paid parental leave scheme was introduced into parliament on 12 May 2010. It passed the Senate on 17 June 2010. The scheme commences on 1 January 2011. Continuing entitlement to unpaid leave and flexible work arrangements The Fair Work Act enshrines the right of employees who give…
Defamation — Q & A
What is defamation all about? Defamation law is all about protecting reputation. Where a person has published something whether orally or in permanent form about somebody else to a third person or persons which is defamatory, then the person defamed may have an action in defamation. Something is defamatory if it causes the audience…
Computer security and confidentiality — precautions to take on separation or divorce
In brief Anyone who is separating or has separated from their partner needs to take immediate steps to ensure the security of their computer and other digital devices. Increasing use of computers With the increasing use of computers in many areas of life such as financial management and social interaction, there has been…
Corporate governance for small-to-medium enterprises (SMEs)
In brief – Corporate governance for SMEs Many SMEs consider that corporate governance is only relevant to large companies. However, good governance presents major advantages for all companies, especially when raising capital or selling the business. All companies benefit from good corporate governance The majority of companies in Australia are small-to-medium enterprises which…
Marriage, divorce and separation — when should you change your will?
In Brief Marriage, divorce and separation are all events which require you to change your Will. Marriage If you marry it is imperative that you make a new Will. If you marry after you have made a Will, the Will is automatically revoked (or cancelled). The only exception to this rule is if the…