Latest publications
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…
Termination of employees for breach of drug & alcohol policies
In brief – FWA takes breaches seriously The promotion of safety in the workplace is an issue taken seriously by Fair Work Australia (FWA) which has consistently supported employers in terminating employees who breach their drug and alcohol policies. Termination of employees for breaches of drug and alcohol policies In unfair dismissal applications…
Preserving your business through restraint of trade clauses
In brief – Employee contracts need confidentiality and restraint of trade clauses The value of a business is typically measured by its goodwill, assets and ability to retain staff. In order to preserve and protect this value, it is important that employers include suitable confidentiality and restraint of trade clauses in their…
New rules on blackout periods and trading windows for trading in listed company shares
In brief — Listed companies now need a trading policy From 1 January 2011 listed companies are required under ASX Listing Rule 12.9 to adopt a trading policy. Trading policies are designed to reduce the potential for conflicts of interest and insider trading. Blackout periods During a blackout period, directors and senior staff are prevented from trading…
Public access to company registers — the proper purpose test
Today anyone can access the register of members of any company (containing the names and addresses of all shareholders) with only a written request and payment of an administrative fee. Click here to read full article. …
‘Get up’ or overall impression of a product — Beware claims of infringement
Swaab Attorneys discusses the significance of the overall look of a product relative to its competitors in Canada’s Corporate Governance Quarterly. Click here to read full article. …
Family Law Update
This was a case of a long marriage, the parties having met in 1978 and married in 1986. They separated in 2003, after a marriage of 17 years, and divorced 2 years later. There were 4 children of the marriage, aged 19, 17, 16 and 13 at the time of trial. The younger 3 were still at…