Legal Insights
Electronic conveyancing is coming
The coming of electronic conveyancing has been touted for over 10 years. Initially planned to provide an online platform for conveyancing commencing with enquiry with an estate agent to final settlement, the reality is a more modest electronic settlement facility. It will be the equivalent of the Australian Stock Exchange for property settlements.
Will Australia implement mandatory gender quota legislation?
I recently represented Harwood Andrews at an International Corporate Governance Forum focusing on mandatory gender quota legislation. The forum featured overseas representatives from The Netherlands, South Africa, Germany and Norway, as well as corporate representatives from Australia.
ALRC is Looking to Crack Down on Breaches of Privacy
The Australian Law Reform Commission released a Discussion Paper, Serious Invasions of Privacy in the Digital Era which set out over 40 proposals for reform, including new causes of action for invasion of privacy. A Summary Report has recently been published which recommends the adoption of a great many of those proposals.
Adverse action pinned down by the high court
The High Court of Australia has handed down its second significant decision on the interpretation of the adverse action provisions in the Fair Work Act 2009 (the Act). Readers will recall the High Court’s 2012 decision in the Board of Bendigo Regional Institute of Technical and Further Education v Barclay which provided employers with guidance on what must be established to defend a claim that adverse action had been taken against an employee for a prohibited reason.
New legislation changing the way wills can be contested
The Victorian government passed the Justice Legislation Amendment Act on 16 October, just before the deadline was crossed before it moved into caretaker mode.
The Act includes significant amendments to the laws governing the contesting of wills, that is, claims by those who consider that a will has not properly provided for them.
Are you in Breach of the Privacy Act?
On 12 March 2014, significant changes to the Privacy Act 1988 took effect that included the introduction of a more comprehensive credit reporting system, and the introduction of a set of Australian Privacy Principles, which set out the standards, rights and obligations in relation to the collecting, handling, holding, access and correction of personal information.
Caution: Withdrawing a benefit provided under your policies might breach your "no extra claims" clause.
In a decision handed down by the Fair Work Commission this week, a Victorian water authority was found to have contravened the "no extra claims" clause in its enterprise agreement by changing a vehicle policy which had provided some employees with limited private use of work vehicles.
Project DO IT
Voluntary disclosures relating to the Australian Tax Office’s (ATO) “Project DO IT” initiative must be made before 19 December 2014.
Read The Trust Deed: Pope’s Case - Unpaid Present Entitlement and Bad Debt Deductions
A recent case in the Administrative Appeals Tribunal (Pope v FC, known as Pope’s Case) is of interest to taxpayers and their advisers, with respect to the characterisation of unpaid trust entitlements (UPEs) as loans.
Schools, negligence, and liability for psychiatric injury: the Doulis case
The Victorian Supreme Court ordered the State of Victoria to pay damages in excess of $1.2 million to a former teacher at Werribee Secondary College, after he sued in negligence for the school’s failure to prevent what became a debilitating psychiatric injury
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.