Latest publications
Genuine steps before going to court
In brief — Increased importance of attempts to resolve a dispute On 24 March 2011 the Australian Parliament passed the Civil Dispute Resolution Bill 2011, which will require prospective litigants to take genuine steps to resolve a dispute before proceedings are commenced in the Federal Court or Federal Magistrates Court. Once the…
ASIC involvement marks new twist in Chameleon Mining case
In brief — Financial services licence exemptions do not have retrospective effect ASIC has become involved in the case of International Litigation Partners Pty Ltd v Chameleon Mining NL, submitting to the court that exemptions from the need to hold a financial services licence do not have retrospective effect. Litigation funding agreement is a financial product…
Growing your business through acquisition
In brief – Acquisition can accelerate the growth of your business One way to accelerate the growth of your business dramatically is to buy another business. This can help you gain a competitive advantage in your industry, expand the scale of your operations and lead to a number of potential benefits. These include…
Federal Court sets serious consequences for multiple breaches of Do Not Call Register
In brief — Companies need to be wary of breaching the Do Not Call Register Substantial fines have been issued for breaches of the Do Not Call Register since it was established in 2007. Establishment of the Do Not Call Register The Do Not Call Register was set up by the Federal Government…
Federal Court finds Centro directors guilty of breaches of the Corporations Act
In brief – Breach of financial reporting obligations and duties of care and diligence The Federal Court has found that eight directors of Centro Properties Group and Centro Retail Group breached their financial reporting obligations and their duties of care and diligence under the Corporations Act 2001 in approving incorrect financial…
Advantages in finalising the market rent before a tenant exercises an option for a new lease term
In brief – Both landlord and tenant benefit by agreeing on the market rent Tenants who have an option for a further term contained in their lease can benefit from asking the landlord to confirm the market rent payable for the first year of the option term before exercising the option. This…
Swaab in BRW Magazine
In Brief In this Business Review Weekly article Global Networks, Managing Partner Fred Swaab discusses Swaab’s international alliance with the Meritas Organisation. …
Commencement of the Civil Dispute Resolution Act 2011 (Cth) — News Alert
The federal government has announced that the Civil Dispute Resolution Act 2011 (Cth) will commence on 1 August 2011. The legislation imposes requirements for prospective litigants to take geniune steps to resolve a dispute before proceedings are commenced in the Federal Court or Federal Magistrates Court. For detailed information about these changes in…
What happens when divorce splits a business? — Six possible scenarios
In brief Many businesses are founded and run by a husband and wife team. What happens to the business if they divorce? The ‘clean break’ principle The Family Court’s position is that whenever possible, there should be a clean break between ex-spouses. This means a property settlement, with the combined asset pool being broken into two…
Casual employee lodges unfair dismissal claim after being sacked via a text message
In Brief Fair Work Australia (FWA) has sent a clear warning to employers thinking of dismissing their employees by text message, awarding a casual employee almost $10,000 compensation after she was summarily dismissed via a text message. Sedina Sokolovic v Modestie Fashion Australia Pty Ltd [2011] FWA 3063 Sedina Sokolovic was employed by Modestie Fashion Australia…