Latest publications
In-house counsel and legal professional privilege — Are your internal communications protected?
In a recent survey of in-house counsel, well over half of respondents identified legal privilege as the biggest problem area they faced in their role. What is legal professional privilege? Legal professional privilege, also known as client legal privilege, is defined as a legal right that protects from disclosure confidential communication between a lawyer and…
Competing interests continue to fight over the future of the Minerals Resource Rent Tax (MRRT)
Last week’s article The Minerals Resource Rent Tax (MRRT) — Will it be debated at next year’s tax summit? highlighted the confusion around the anticipated implementation of the federal government’s proposed Minerals Resource Rent Tax. The proposed tax continues to draw vocal criticism from a number of quarters. Smaller mining companies have…
The right to request flexible working arrangements following a period of parental leave
Employers should be aware that employees have the right to request a change in working arrangements to assist the employee in caring for a child. Such a request is often made while an employee is on parental leave and is often a request to return to work in a part time capacity. The employer…
ACCC takes early action on carbon price claims — make sure you don’t make yourself a target
The carbon price commenced in Australia on 1 July 2012. As part of the new régime, the government has directed the ACCC to undertake a compliance and enforcement role in relation to claims made about the impact of the carbon price. The ACCC’s focus is to ensure businesses do not make misleading…
High Court rules on Octaviar
In brief — Octaviar decision confirms return to stability The 1 September 2010 High Court decision in Public Trustee of Queensland v Fortress Credit Corporation (Aus) 11 Pty Ltd [2010] HCA 29 confirms a return to stability in the long accepted practices surrounding registration and notification of changes to charges over company property. Last year…
Are health records protected by copyright?
In brief — Health records and copyright On 4 May 2010 the Federal Court of Australia held that copyright did not subsist in a number of health records created and maintained by a health care provider. Therefore, they were not an asset of the business. The health records were health summary sheets, consultation notes, referral…
Protect yourself with a Confidentiality Agreement
In Brief One of the first considerations with any type of new venture is how to protect your business, valuable idea or concept if you need to disclose it to others. When is a confidentiality agreement needed? If you need to disclose your valuable business information or ideas to a potential partner, adviser or investor…
Transport & Logistics — 2012 Mid-Year Round-Up and Outlook
In Brief Our Transport & Logistics Team’s round-up highlights developments in transport regulation that affect everyone, including the proposed implementation of uniform ‘chain of responsibility’ laws nationally and the controversial new ‘safe rates’ legislation. We are half way through 2012 and it remains a busy agenda for transport and logistics regulators and enforcers…
Think twice before dismissing employees on Workers’ Compensation
In Brief Employers seeking to terminate an employee on Workers’ Compensation within the probationary period should take note of a recent decision of Fair Work Australia which clarifies how an employee’s period of continuous service is calculated, and highlights the legal obstacles involved in terminating their employment. How frustrating is it when an…
Publishing winding up notices — avoiding duplication of costs
In Brief Changes to the way most corporate insolvency notices have to be published came into effect on 1 July 2012. The Supreme Court of New South Wales has provided some guidance about how parties can avoid the cost of having to publish notice of any application to wind up a company on…