Legal Insights
Enduring Powers of Attorney
When people talk about their estate plan the first thing that usually comes to mind is their will. Most of us are pretty good at making plans for what happens if we die but more often than not we fail to plan for the possibility of losing capacity.
Is your business name really protected?
One of our clients recently rebranded her business, and in the process changed its name. Her accountant had diligently registered a new business name for her. Unknowingly, she’d chosen a name similar to a competitor’s name – but it was different enough for ASIC to allow both registrations. Inevitably, the competitor threatened legal action.
The Battle For Superannuation without a will
The fiduciary duty owed by an administrator of an estate, and the need to leave a will, were graphically illustrated in a recent Queensland Supreme Court case (McIntosh v McIntosh (2014) QSC99).
The Building and Construction Industry Security of Payment Act - what you should know
In tough economic times, maintaining cash flow to your business can become more difficult. The Building and Construction Industry Security of Payment Act 2002 can assist suppliers, contractors and subcontractors in the building industry to get paid more quickly and avoid expensive disputes.
Implied term of mutual trust and confidence rejected by High Court
The High Court has handed down its decision in the landmark case of Commonwealth Bank of Australia v Barker today, determining that there is no common law term of mutual trust and confidence implied into contracts of employment in Australia.
Take care when dismissing employees due to illness
A recent decision by the Federal Circuit Court is a reminder to employers of the need to be careful when considering dismissal of employees who have been absent from work due to illness for an extended period of time.
Supreme Court clarifies limitation periods under Construction Contracts
A new section 45 under the Domestic Building Contracts Act 1995 enables a party to a domestic building contract to refer a dispute to the Victorian Building Authority.
Rectification orders
A new section 45 under the Domestic Building Contracts Act 1995 enables a party to a domestic building contract to refer a dispute to the Victorian Building Authority.
Federal Government maintains plans for a new appeal process in relation to FWC decisions
In its most recent newsletter the Law Council of Australia argued against the Federal Government’s proposal to create an independent appeal jurisdiction for the Fair Work Commission.
How long are builders liable for their work?
The previous uncertainty surrounding the length of time in which home owners could bring a claim against builders has now been clarified by the Supreme Court of Victoria.
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