1619 results
Twiggy off the hook — Forrest v Australian Securities and Investments Commission [2012] HCA 39
IN brief The High Court appeal against the Full Federal Court decision (handed down in February last year) related to conduct by both Fortescue Metals Group Ltd (FMG) and Mr Andrew Forrest in relation to a breach of continuous disclosure obligations under the Corporations Act 2001 (Act) and of Mr Forrest’s duties…
Payment for Standing By
In Brief Many industrial awards provide that employees are entitled to payment for “standing by” – ie periods of time where they are not at work but must be ready to be called in to work. A recent Federal Court of Australia decision held that an employer owed four electricians for time “standing…
New Zealand signs up to international treaty making trade mark protection easier
In Brief An important new development for trade mark protection in New Zealand comes into effect on 1 December 2012. We look at what this means for businesses seeking brand protection in New Zealand. In an important new development for Australian businesses seeking registered trade mark protection for their brands in New…
Watching the footy from the cloud
Optus TV Now – Federal Court Copyright Judgment Stands In brief Optus’ footy wars over its ‘TV Now’ service have been brought to an end with the refusal of its application seeking leave to appeal to the High Court. Our Commercial and IP & Technology Team looks at what this means for providers…
New Workplace Laws — Fair Work Amendment Bill 2012
In Brief After being recently passed by the House of Representatives, the Fair Work Amendment Bill 2012 is currently being considered by the Senate’s Education, Employment and Workplaces Relations Legislative Committee, with a reporting date of 26 November 2012. The Bill was drafted in response to the Fair Work Act Review completed…
Can I disinherit my wayward child from my will?… You may be surprised!
In Brief Who can make a claim against your estate? What needs to be established by the applicant? What will the court consider? Read on as we answer these important questions along with proactive strategies to help protect your estate. Who can make a claim? Chapter 3 of the Succession Act 2006 (Act) empowers certain…
Surveillance in the Workplace
In Brief New South Wales is one of the few Australian states which has dedicated legislation addressing surveillance in the workplace. The Workplace Surveillance Act 2005 (NSW) (the Act) deals with camera, computer and tracking surveillance. The Act provides that in some circumstances employers can surveil employees with their knowledge (overt…
Ad regulator determines that social media campaigns must comply with ad requirements
In brief The Advertising Standards Bureau, the advertising regulator, has found that the VB Facebook pages are advertisements and subject to the AANA Code of Ethics. Our Commercial and IP & Technology Team looks at the recent decisions of the ABS and how this affects businesses with any social media presence…
Commonwealth Penalty Units to Rise by end 2012
The monetary amount of penalties for offences under Commonwealth legislation are set to increase significantly by the end of 2012 under legislation recently passed by Parliament. The legislation implementing the increase is contained in the Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Bill 2012, which was assented to…
Cheaper online option for patent applications
IP Australia’s Patent Office has introduced an online facility that now gives patent applicants and owners an easy and secure system for the electronic filing of patent applications and the ongoing management of those applications and any granted patents. Applicants (or their patent attorneys) can now apply online for: a provisional application…
Corporate update
In Brief The corporate team discuss recent developments concerning side deals and indemnities in commercial contracts as well as directors’ liability changes in NSW, changes in Work Health and Safety Laws and changes to corporate penalties. Side Deals Adicho v Dankeith Homes Pty Ltd [2012] NSWCA 316 Any side deals and collateral contracts should be…
Can an employer ban tattoos in the workplace?
In Brief The visible tattoos that individuals adorn their bodies with can become the subject of discussion in the workplace. There is a diversity of opinion as to whether tattoos are a positive, negative or neutral presence in the workplace. This article discusses whether an employer can prevent tattoos in the workplace. Tattooing…
Employee rights when your employer becomes insolvent
In Brief In October 2012 the Federal Government introduced the Fair Entitlements Guarantee Bill 2012 to formalise by legislation, what has to date operated as the General Employee Entitlements and Redundancy Scheme (GEERS). The Bill is likely to become law in early 2013. This article discusses who is eligible for financial…
My partner has passed away without leaving a Will what should I do?
In Brief Where a person dies without a valid Will they are said to have died ‘intestate’. In these circumstances the Supreme Court will grant Letters of Administration instead of the Grant of Probate. This article discusses who may apply for Letters of Administration and the procedure involved. Letters of Administration Where a person dies…
Recognition of cross-border insolvencies in Australia
In brief Swaab lawyers Georgina King and Michelle Harpur discuss applications for recognition of foreign insolvency proceedings in Australia under the UNCITRAL Model Law on Cross-Border Insolvency. Since 2008, the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency (Model Law) has been in force in Australia pursuant to…