Latest publications
The new world of OH&S - is there any substantial difference?
In Brief The Work Health and Safety Act 2011 (NSW) (‘WHS Act’) came into effect on 1 January 2012 and has brought with it significant changes and even benefits for employers. The following gives you a short summary of this long-awaited change. Who or what is a: Persons Conducting a Business or Undertaking (‘PCBU’) A PCBU…
Terminating a lease — what not to do
In Brief A landlord communicating to a tenant a termination of a lease must be clear. This is evident from the decision in Dee-Tech Pty Ltd v Neddam Holdings Pty Ltd [2010] NSWCA. The terms provide for the right A lease will generally provide for the circumstances where a landlord is entitled to exercise its contractual right to terminate…
Costly consequences of not taking Genuine Steps
In Brief A recent decision of the Federal Court of Australia signals the importance of parties to disputes and their legal representatives complying with their obligations under the Civil Dispute Resolution Act 2011 (Cth) (CDR Act). The case The decision, Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012]…
New code for private equity funds
In Brief On 7 September 2011, the Australian Private Equity and Venture Capital Association (AVCAL) released a new corporate governance code for the private equity industry. The Code is based on existing corporate governance guidelines already used by regulators such as the ASX, and builds on initiatives by other national industry associations, responsible investment…
New retail leasing disclosure obligations now in force other amendments proposed
In brief – New landlord disclosure statements and proposed amendments to retail leasing laws Retail landlords now have new disclosure obligations and also need to be aware of proposed changes under the Retail Leases Amendment Bill (2011). New disclosure obligations for retail landlords As from 1 January 2011, a new form of landlord disclosure…
Insolvent trading…? Don’t go there.
Director’s duty to avoid insolvent trading Section 588G of the Corporations Act 2001 imposes liability on a company director: (a) who allows a company to incur a debt when the company is insolvent, or becomes insolvent by incurring the debt; and (b) who suspected at the time when the company incurred the debt that the company…
Cash-flow problems no excuse for underpayment of workers, magistrate rules
In these difficult economic times it is common for small businesses to experience liquidity and cash-flow problems. Under these situations it is natural for a small business to concentrate on paying those people that keep the business afloat. However, it is important that a business does not disregard its obligations as an employer…
Cash-flow problems no excuse for underpayment of workers, magistrate rules
In these difficult economic times it is common for small businesses to experience liquidity and cash-flow problems. Under these situations it is natural for a small business to concentrate on paying those people that keep the business afloat. However, it is important that a business does not disregard its obligations as an employer…
Really unlucky in love — dating website scams
New ACCC guidelines to protect consumers of online dating sites from scammers. If you think that the only people vulnerable to online scams are retirees lacking a certain internet savviness or gullible folk willingly to part with sensitive financial information to the Nigerian Central Bank, think again. In response to a significant increase in…
ACCC cracks down on free range claims
Declaring a crackdown on claims by poultry producers of “free range” eggs or birds (or similar expressions), the Australian Competition and Consumer Commission (ACCC) has accused a number of Australia’s main chicken suppliers of engaging in misleading and deceptive conduct regarding the promotion and supply of their products. The ACCC has indicated…