Latest publications
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…
“Best endeavours” and “reasonable endeavours” is there a difference?
In brief – Australian interpretation different to the UK In the UK, the term “best endeavours” implies a higher standard than the term “reasonable endeavours”. However, in Australia the terms appear to have the same practical effect. English position – “best endeavours” means a higher threshold must be met In England, it seems that the…
Lucasfilm — Replica Star Wars imperial stormtrooper helmets not protected by copyright
In Brief The UK Supreme Court recently handed down its decision in an appeal by Lucasfilm concerning the intellectual property rights in various artefacts made for use in the first Star Wars film and reproduced by Mr Ainsworth in 2004. This decision is a vital lesson for anyone in Australia involved in…
Options available for women seeking equal pay
“Over the course of her career, an Australian woman will earn $1 million less than a man, and will retire with less than half the savings in her superannuation account.” - Sharan Burrow, ACTU president, October 2009 Gender wage gap increasing for Australian women Despite the fact that women in Australia won the right…
Retail lease bonds and dispute resolution options
In Brief When the retail markets slow, disputes between landlord and tenant tend to arise and a claim on the bond money may soon follow. A Landlord must ensure that it complies with the provisions of the Retail Leases Act 1994 in respect to the lodgement of the bond. Lodgement of security Section 16C of the Retail…
Landlords and tenants need to be careful about incurring expenses before being bound to the lease
In Brief Both landlords and tenants should take care to ensure that the other party is bound by the lease rather than incurring significant expenses on the assumption that the lease will proceed. The risk Landlords and tenants often begin spending money or incurring costs to create and fitout leased premises prior to…