Latest publications
If you’ve signed a prenuptial agreement and no longer agree to its terms, what can you do?
In brief — Your rights are limited If you have previously signed a prenuptial or postnuptial agreement and no longer agree to its terms, your rights are very limited. Binding Financial Agreements Pre or postnuptial agreements are known as Binding Financial Agreements. Binding Financial Agreements allow parties to contract out of the Family Law…
I’m sexy, but not that sexy — .xxx domain names
From 6 December 2011 any individual, company or organisation is permitted to apply for a new .XXX (or triple X) domain name. Now that the sunrise period has ended, eligibility will be determined on a first come, first served basis. .XXX domain names were approved by the International Corporation for Assigned Names and Numbers…
Minimising Risks at End of Year Parties
In Brief End of year parties present one of the most difficult challenges for employers in firstly minimising risks of liability for the acts of their employees and secondly taking appropriate disciplinary measures for misbehaving employees. Explaining Acceptable Conduct to Employees The most important step in firstly avoiding any incidents at an end…
Round up of corporate law changes in 2011
Directors personal liability — Metz Holdings In a recent case, directors were held personally liable for representations given by the company, despite the fact they were not personally parties to the contract. The court found that no fault was required on behalf of the directors to prove liability and that the directors…
I’m sexy, but not that sexy — .xxx domain names
From 6 December 2011 any individual, company or organisation is permitted to apply for a new .XXX (or triple X) domain name. Now that the sunrise period has ended, eligibility will be determined on a first come, first served basis. .XXX domain names were approved by the International Corporation for Assigned Names and Numbers…
Managing ill or injured employees A delicate balancing act
One of the most challenging issues faced by clients of employment relations advisers is managing an employee who is either ill or injured. The difficulty arises from the need to balance the risk of exposure to claims of discrimination, unfair dismissal and the newly heralded “general protections” against the potentially…
Australian local councils win appeal against Lehman Brothers in High Court
In Brief In this article Australian Local Councils win appeal against Lehman Brothers in High Court, Partner Tean Kerr discusses Lehman Brothers Holdings Inc (USA) filing of a Chapter 11 bankruptcy petition in the United States of America on 14 Sept 2008. Twelve days later, on 26 Sept 2008, administrators were appointed…
Public Interest Law Clearing House (PILCH)
Our involvement with PILCH goes back seven years. This organisation refers individuals and organisations to member law firms like Swaab, where lawyers volunteer to provide pro bono legal assistance in matters which involve marginalised people or which are clearly in the public interest. The lawyers in our firm have worked on…
Online behavioural advertising code released How do you want your cookies crumbled?
In brief: Industry coalition releases voluntary Guideline — Web users to have ability to opt out of OBA In late March 2011, an Australian advertising industry coalition released its Australian Best Practice Guideline for Online Behavioural Advertising (OBA, also known as Interest Based Advertising). What is Online Behavioural Advertising? Often in…
ASIC appeal upheld — Fortescue Metals Group and Andrew Forrest misled investors
In brief — Full Federal Court overturns 2009 ruling On 18 February 2011 the Full Federal Court unanimously overturned the 2009 Federal Court ruling which cleared Fortescue Metals Group (FMG) and its Chairman and CEO Mr Andrew Forrest of misleading and deceptive conduct. Framework agreements with three Chinese companies The appeal related to…