Latest publications
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…
Optus wins most recent footy wars
AFL, NRL and Telstra unable to stop unlicensed “near-live” viewing of matches On 1 February 2012, the Federal Court of Australia confirmed that Optus is able to offer to users “near-live” broadcasts of sporting events, without having to pay licence fees to the rights holders, relying on the “time-shifting” exception in the…
Terminating employees on sick leave can be a recipe for disaster.
One of the biggest issues for an employer is dealing with underperforming staff members who abuse their sick leave entitlements or access their sick leave for a stress claim immediately ensuing disciplinarily meeting. Whilst an employer is not to be prevented from terminating an employee whilst on sick leave if the termination…
Why do I need a Will with Testamentary Trusts?
Advantages in nut shell Having a testamentary trust in your will: Can have asset protection benefits for your beneficiaries, for instance, by protecting from loss caused by bankruptcy and in some cases, divorce. Provides capital gains and income tax efficiencies. Is prudent where a beneficiary to your will is either incapable of managing their own…
Australian trade mark decision nuckin futs?
An Australian snack food company has been given the go ahead to sell their prepared nuts product under its unconventional brand name “Nuckin Futs”, following a legal trade mark battle spanning 12 months. The initial trade mark application for “Nuckin Futs” was first rejected by the Trade Mark Office under the Trade…