Latest publications
Astroturfing, social media and the law
In brief — If astroturfing misleads consumers, it breaches Australian Consumer Law “Astroturfing” refers to an orchestrated expression of support for a cause, whether a product, service or policy, designed to give the impression of a “grassroots” movement. If this practice misleads consumers, it breaches both the Australian Consumer Law and the Code…
Astroturfing, social media and the law
In brief — If astroturfing misleads consumers, it breaches Australian Consumer Law “Astroturfing” refers to an orchestrated expression of support for a cause, whether a product, service or policy, designed to give the impression of a “grassroots” movement. If this practice misleads consumers, it breaches both the Australian Consumer Law and the Code…
Can a tenant withdraw an exercise of an option under a lease?
In Brief A lease may contain an option for the tenant to enter into a new lease when the first term expires. This is known as an option lease. Generally if a tenant exercises the option in accordance with the terms of the option lease, the tenant will be bound by the new lease…
Delay in commencement of New South Wales “reasonable steps” legislation
In Brief On 8 September 2011, the New South Wales Parliament passed the Courts and Other Legislation Further Amendment Bill 2011 (Bill). The Bill will bring into effect a lengthy postponement of up to 18 months of new legislation, requiring parties to take reasonable steps to seek to resolve a dispute before court proceedings…
Are pre-marital assets treated differently to marital assets during property settlement?
In brief — How pre-marital assets are treated A pre-marital asset will be considered to be a contribution of the person who bought that asset into the marriage. Dividing the assets after separation After separation, the parties to a relationship are entitled to seek a division of assets of the relationship. The assets of the relationship include…
Employee succeeds in proving Unfair Dismissal but is left without a remedy
In Brief In an extraordinary decision, Fair Work Australia (FWA) has found an unfair dismissal despite the employer proving a valid reason for dismissal and compliance with the procedural justice requirements. In a further twist, the employee was left without a remedy. Mark Notman v Neway Transport [2011] FWA 5162 Mark Notman (Notman) was employed by…
PPSA terminology
In Brief The Personal Property Securities Act 2009 (PPSA) was due to come into force on 31 October 2011, however, the Commonwealth Attorney General’s department has now confirmed that this date is not achievable and it is now targeting a date before 1 February 2012. New terminology When it is implemented, the PPSA will…
How do courts enforce restraint of trade clauses?
In Brief Following on from our earlier article regarding Preserving your business through restraint of trade clauses, the New South Wales Supreme Court has recently handed down a decision which provides valuable insight into the approach that the judiciary takes to enforcing restraint of trade clauses. Seven Network (Operations) Ltd 7 ors v James Warburton…
What’s the worst that could happen if I don’t have a valid will?
In Brief Estate planning is not something we generally think about as we go about leading our busy lives. But what many of us fail to see is that neglecting to carry out this process could have serious ramifications for our families and their futures. Having properly considered and drafted estate planning…
6 tips for business owners
1. Evaluate opportunities Before embarking on a new venture, starting a new business or adding a new group to your existing business you should test your new opportunity by using an evaluation model. We see too many people with a business idea, who neglect to undertake basic research and due diligence. Do not make…