Legal Insights
The Oracle pronounces change in damages assessments for sexual harrassment
Back in 2011 the legal community was atwitter on hearing that Ms Fraser-Kirk settled her claim for sexual harassment against chief executive Mark McInnes and David Jones for $850,000. Her original claim for damages was for $37 million.
An informed analysis of damages claims ordered by courts in previous cases indicated that the range of damages for moderate sexual harassment cases was between $5,000 and $30,000.
Australian Consumer Law - Protecting the interests of small business
In a report setting out its work in the small business sector between 1 January and 30 June 2014 the ACCC has claimed it is committed to protecting the interests of small business and enforcing the Australian Consumer Law.
Transfers of cash and money from private companies in family law settlements
On 30 July 2014 the Australian Taxation Office issued Taxation Ruling TR 2014/5 (previously released in draft form as TR 2013/D6) addressing the taxation effect of an order by the Family Court under section 79 of the Family Law Act 1975 for a private company to pay money or transfer property to a shareholder or their associate.
Australia’s Charities and Not-for-profits - Options Paper released
In line with its election promise to abolish the Australian Charities and Not-for-profits Commission (ACNC), the Abbott Government has now released Options Paper, Australia’s Charities and Not-for-profits which seeks feedback on its proposed arrangements for charities in Australia. The Government’s proposed arrangements attempt to balance the administrative burden of reporting with the need for organisations receiving concessional tax treatment to be publicly accountable.
Copyright in Photographs – the perils of unauthorised use
Have you ever stopped to consider the branding that your business or organisation uses and the photographs and images it employs on packaging and products, on its website and in brochures and advertising materials?
Union warning to directors falls flat
In 2010, the AWMU published a warning to company directors on its website, saying “if you turn your back on employees, we will fight you all the way.” The warning was delivered in the context of a case which the AWMU and AWU fought in the Federal Court of Australia.
Succession planning checklist
There are a wide variety of events that should prompt you to review your succession plans: for example, the ageing of an executor appointed in your will; the arrival of children or grandchildren; the breakdown of a child’s marriage; the threat of some commercial misfortune to a child; the graduation of a child into a professional career; or a resolve to assist a needy charity.
Enterprise Agreement Knocked Back Due To Invalid Notice of Representational Rights
Any employer which has gone through the process of negotiating and making an enterprise agreement with its employees and seeking approval of the agreement from the Fair Work Commission (FWC) will know that the process and approval requirements can be complex and time consuming and that the requirements for approval are quite technical.
Intellectual Property in Distribution Agreements
“There’s no need for a distribution agreement – with payment up front, what could go wrong?”
“Distribution agreements are straight forward. Cover off on transfer of title and the ordering process and you’re set – right?”
Personal Property Securities Act: Don't become a victim of the change in the definition of Motor Vehicle
The definition of a “motor vehicle” under the Personal Property Securities Act 2009 (PPSA) was amended on 1 July 2014. The definition has been significantly narrowed and now excludes a great deal of motorised equipment that was previously subject to the motor vehicle provisions
The pitfalls of Self-Filing a Trade Mark
We increasingly come across individuals or businesses that are self-filing trade marks and managing their own portfolios. Their reasoning – why pay a lawyer to do it, when I can do it cheaper? Well, here are a few reasons that might make you reconsider self-filing a trade mark.
ALPMA Appoints New President – Andrew Barnes, Financial Controller of Harwood Andrews and The Lantern Legal Group
The Australasian Legal Practice Management Association (ALPMA) today appointed Mr Andrew Barnes, Financial Controller for the Lantern Legal Group, as its President, following the departure of Mr Anthony Bleasdale who has accepted a new role as Director of BigHand in Asia Pacific
Unauthorised use of one photo cost $24,000
Have you ever copied a photograph from the internet without seeking permission from the owner? An American photographer has recently pursued a travel agent operating in Melbourne for the unauthorised use of a picture of Hawaii.
Beware of Sham Registrations on the Personal Property Securities Register
To register a security interest on the Personal Property Securities Register (Register), there is no requirement to file the underlying agreement that creates the security interest. Accordingly, the Personal Property Securities Registrar cannot determine whether or not a registration is justified simply on the face of the details inputted into the Register. This therefore opens the Register up to abuse by the lodgement of sham registrations.
Federal Government Announces the Entrepreneurs' Infrastructure Programme
The Federal Government announced the establishment of the Entrepreneurs’ Infrastructure Programme (EIP), with funding of $484.2 million over 5 years. The objective of the EIP is to improve the business capabilities of Australian small to medium enterprises to make them more competitive on the world stage.
Changes to contracts and disclosure requirements for Victorian retirement villages
Changes to the regulations under the Retirement Villages Act 1986 will come into operation on 1 July 2014 relating to contracts and disclosure requirements for Retirement Villages in Victoria.
First Fair Work Commission ruling on merits of bullying complaint
The anti-bulling jurisdiction of the Fair Work Commission (FWC) has now been in place for over 4 months, and the first decision ruling on the merits of an application has been handed down.
The hearing of the application was conducted in private, and the names of the parties and individuals involved were kept anonymous in the published decision. In that decision, the FWC rejected a manager’s claim for anti-bullying orders, finding that there was insufficient evidence there had been repeated unreasonable behaviour towards the applicant, or that any unreasonable behaviour had created a risk to health and safety.
Family Trusts - Structuring for Family Business
When recommending a structure to conduct a business or hold an investment, advisors should consider a number of issues, primarily the income taxation consequences of the structure, the ability to access applicable capital gains tax reliefs upon a sale of a capital appreciating asset, the asset protection benefits of the recommended structure and how the structure works to ensure that control of the asset passes to the next generation upon death in a succession plan. Legal and accounting advisors routinely recommend a discretionary trust structure for these purposes. However, it is important to highlight the difficulties that a discretionary trust structure poses in planning for succession and how those difficulties are best addressed.
Harwood Andrews welcomes and participates in the review of the Personal Property Securities Act 2009 (Cth) (PPS Act)
In light of the review of the PPS Act that is currently underway, we seek your input on how the PPS regime has impacted on your business so that we can better represent the interests of SMEs in the review process.
Aged Care Reforms
The second round of changes set out in the federal government’s Living Longer Living Better aged care reform package will commence on 1 July 2014.
The reforms aim to provide more choice, easier access and better care. However, there are concerns that many retirees will end up paying more for their admission to and ongoing care in aged care facilities, due to the changes in the way daily care fees will be means tested.