1619 results
“Free range” labelling of food products can be misleading
In brief — ACCC prosecutes egg producers for bogus free range claim Many people choose to pay more for products labelled “free-range” because they believe that the animals used in their production were treated in a more humane way. However, the ACCC’s recent successful prosecution of egg producers demonstrates that such labelling…
Can a parenting plan be enforced?
In Brief — Enforcement of court orders and parenting plans A court can fine or gaol a parent for not abiding by court orders. However, this is not the case with parenting plans. Parents’ responsibility Without court orders or parenting plans, both parents are legally responsible for their children’s upbringing and this responsibility continues…
Could your board minutes provide the evidence needed to protect you as a director?
In brief – Board minutes can serve as crucial evidence Having accurate minutes is not just a formality required under the corporations law. Detailed minutes may serve as the crucial evidence required to defend a director from charges of breaching of his or her duties, including charges of trading while insolvent. Definition and purpose…
Building owners can fund green improvements through council loans
In brief — Environmental upgrade agreements Building owners can now obtain financing through their local council via an environmental upgrade agreement (EUA) to assist in making green improvements to buildings. The amendments to the Local Government Act (NSW) 1993 to establish the scheme started on 18 February 2011. How the financing agreements work…
Appeal dismissed — Full Federal Court confirms that iiNet is not liable for infringements by its use
In brief — TV and film companies fail to snare iiNet Internet service provider (ISP) iiNet is not guilty of copyright infringement on the basis of file sharing by its users, according to the Full Federal Court. 2010 iiNet decision In February 2010, the Federal Court found that ISP iiNet was not liable…
Valid reason for dismissal the key to defending unfair dismissal claims
In brief A recent judgment of the Full Bench of Fair Work Australia (FWA) has highlighted that the existence of a valid reason for dismissal is pivotal to an employer’s ability to succeed in defending unfair dismissal claims. Criteria for establishing an unfair dismissal When an unfair dismissal claim is made by an eligible employee…
Why can’t same-sex couples in Australia get married?
In brief – Same-sex marriage is currently illegal in Australia Same-sex marriage is currently illegal in Australia, which can result in same-sex couples experiencing discrimination. Recent changes in legislation mean that same-sex couples qualify as de facto couples and for the most part have the same family law rights as married…
Changes in law and implications for franchising
In brief — Proposed reforms to strengthen protections for franchisees Changes proposed to unfair contracts law, unconscionable contracts law and the Franchising Code of Conduct may have the effect of providing additional protections for franchisees. Unfair contracts law and the Trade Practices Act The Trade Practices Act (Australian Consumer Law) Bill…
Franchise agreements may still be valid when franchisors fail to meet disclosure obligations
In brief — High Court decision supports franchisors A recent decision of the High Court of Australia in Master Education Services Pty Limited & Ketchell [2008] HCA 38 has provided some good news for those franchisors in Australia who may on occasion be guilty of a relatively minor and inadvertent omission with respect…
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…
New laws governing public access to share registers aimed at unsolicited share offers
In brief — Restricted access aimed at unsolicited share offers The government recently brought into force new laws regulating access to share registers. Although aimed primarily at unsolicited share offers, the Corporations Amendment (No 1) Act 2010 restricts access to registers for a far wider range of users. How the Act works Previously any…
New Australian Consumer Law guarantees — what do they mean for your business?
In brief – Expansion of consumer rights On 1 January 2011, the Competition and Consumer Act 2011 replaced the Trade Practices Act (TPA). The consumer protection provisions are now part of the new Australian Consumer Law (ACL), a schedule to the Act. This new law now encompasses the consumer protection provisions that were…
When are you liable for third party postings about your business on a social networking site?
In brief – Companies can be held responsible for statements by third parties On 10 February 2011, the Federal Court of Australia handed down judgment in contempt proceedings that may have significant implications for businesses which use social media to market themselves. The Court held that a company and its sole director…
Privacy Commissioner finds privacy breach by Vodafone
In brief – Vodafone in breach of NPP 4.1 The Privacy Commissioner has handed down a report which has important implications for any business that stores personal information, particularly where shared logins are used to access data, and provides some guidance on what is required in order to meet the obligations…
James Hardie directors free to re-enter boardrooms
In brief — Court of Appeal overturns decision in James Hardie case On 17 December 2010 the NSW Court of Appeal overturned the 2009 Supreme Court decision which found the directors of James Hardie to be in breach of their duties. James Hardie directors in the Supreme Court In April 2009, the Supreme…