Latest publications
Negotiating parenting arrangements after separation or divorce
In brief — Emotions can cloud judgement The biggest mistake that people make when negotiating parenting arrangements is that they allow their own anger and hurt to cloud their judgment as to what parenting arrangements would be in the best interests of their children. Best interests of the child The Family Law Act…
Court hands down first fines for breaches of single pricing law
On 4 November 2010, the Federal Court ordered two restaurants to pay penalties of $13,200 each for breaching the law requiring a single, all-inclusive price to be clearly stated to consumers. This follows the introduction earlier this year of new laws under the Trade Practices Act (which from next year will be…
Benefits and pitfalls of social media for your business — do you have the right policies in place?
In brief — Increasing use of social media Social media is being used increasingly, not only by individuals personally, but also by people who wish to promote their businesses and themselves in a professional or business capacity. Social media can be a powerful tool for achieving these ends. Difficulty of corporate control over social media…
Do you provide credit in your business? Under the new rules you may need a Credit Licence
In brief — New credit licensing régime in Australia If you engage in credit activities for the first time from 1 July 2010, you will generally need an Australian Credit Licence or an authorisation from a licensee before commencing business. Businesses involved in credit related activities for personal, household or domestic purposes should…
Equal opportunity for women in the workplace — reporting obligations of employers
In brief — Importance of compliance with EOWA Act The federal government is serious about promoting equal opportunity for women in the workplace. Employers need to comply with the Equal Opportunity for Women in the Workplace Act 1999 (EOWA Act). Renewed focus on equal opportunity The highly publicised sexual harassment dispute involving…
New laws governing public access to share registers aimed at unsolicited share offers
In brief — Restricted access aimed at unsolicited share offers The government recently brought into force new laws regulating access to share registers. Although aimed primarily at unsolicited share offers, the Corporations Amendment (No 1) Act 2010 restricts access to registers for a far wider range of users. How the Act works Previously any…
New Australian Consumer Law guarantees — what do they mean for your business?
In brief – Expansion of consumer rights On 1 January 2011, the Competition and Consumer Act 2011 replaced the Trade Practices Act (TPA). The consumer protection provisions are now part of the new Australian Consumer Law (ACL), a schedule to the Act. This new law now encompasses the consumer protection provisions that were…
When are you liable for third party postings about your business on a social networking site?
In brief – Companies can be held responsible for statements by third parties On 10 February 2011, the Federal Court of Australia handed down judgment in contempt proceedings that may have significant implications for businesses which use social media to market themselves. The Court held that a company and its sole director…
Privacy Commissioner finds privacy breach by Vodafone
In brief – Vodafone in breach of NPP 4.1 The Privacy Commissioner has handed down a report which has important implications for any business that stores personal information, particularly where shared logins are used to access data, and provides some guidance on what is required in order to meet the obligations…
James Hardie directors free to re-enter boardrooms
In brief — Court of Appeal overturns decision in James Hardie case On 17 December 2010 the NSW Court of Appeal overturned the 2009 Supreme Court decision which found the directors of James Hardie to be in breach of their duties. James Hardie directors in the Supreme Court In April 2009, the Supreme…