Legal Insights
Workplace Investigations and why they are needed
A workplace investigation is a line of enquiry that aims to impartially assess issues or allegations that have occurred in the workplace or have a workplace connection.
Another Facial Recognition Technology Privacy Breach – AFP in the Spotlight
The Australian Information Commissioner and Privacy Commissioner, Angelene Falk, has recently determined that the Australian Federal Police (AFP) has failed to comply with its privacy obligations in using the Clearview AI facial recognition tool (FRT).
A green light for the reform and transformation of Australia’s Payments System
On 8 December 2021, Treasurer Josh Frydenberg announced a digital economy roadmap (Roadmap), which applies to payments and crypto assets.
Vino on the blockchain – how a new Penfolds NFT may change the course of wine & spirit collecting
Australia’s much-admired winemaker, Penfolds, has recently announced its endeavours to partner with BlockBar, a leading non-fungible token (NFT) marketplace for luxury wine and spirit products. An NFT is a unique online token that exists on a blockchain and cannot be replicated.
Disgruntled employee tries to argue performance improvement plan constitutes workplace bullying
In the recent case of Scott v Vita People Pty Ltd, Josie Williams [2022] FWC 24 (10 January 2022), the employee (applicant) filed a stop bullying order against his managers on the basis of a performance improvement plan (PIP) that had been implemented and been followed.
Managing permanently injured employees and return to work obligations
WorkCover and where is the starting point in a claim?
The first question, and basic starting point, if an employee suffers either an injury or illness is whether this injury or illness arises out of or in the course of employment. The key test is ‘in the course of employment’.
Stop Orders (sexual harassment)
There has been a lot of discussion recently about sexual harassment and the new stop orders. What is the background and have employers and Government considered societal changes?
Stopping sexual harassment at work and the new stop orders regime
Historically, sexual harassment has been viewed from the prism of being an issue of:
Criminal law (e.g., Sexual assault type cases)
Discrimination
Is Facial Recognition Technology Breaching Your Privacy?
Facial recognition technology (FRT) is now utilised across many industries and businesses. While FRT is becoming increasingly easier to implement, it is crucial that business’s adhere to privacy laws when using this technology.
Director Identification Numbers: What do I have to do?
From 1 November 2021, Director Identity Numbers (DINs) became mandatory for all company directors. Accordingly, all directors are now required to apply for a DIN and should begin preparing their applications.
BIG4 Beacon Resort
Harwood Andrews is pleased to have advised the owners of the BIG4 Beacon Resort on the off-market sale of the business to Ingenia Communities group (ASX: INA) for $37m.
Harwood Andrews Recognised In Doyles Guide As A Leading Family & Divorce Law Firm & Lawyers In Regional Victoria, 2022
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities for Victoria in the 2022 Doyle’s Guide.
Family Law guidance – anywhere, anytime
Harwood Andrews has commenced a partnership with Settify which allows you to begin your family law pathway. Via Settify, you can get access to general family law guidance from anywhere and at any time.
COVID-19 Business Interruption Test Case (No.2) – Round 2 to the Insurers!
On 8 October 2021, the Federal Court of Australia determined its first instance decision in the second Australian business interruption insurance test case. The decision in Swiss Re International Se v LCA Marrickville Pty Limited [2021] FCA 1206 (Second Test Case) provided legal guidance in determining whether business interruption insurance policies provide cover to businesses for losses related to COVID-19.
Harwood Andrews Melbourne Office is now open
Harwood Andrews is pleased to announce that our new Melbourne office premises is now open in a new tower within the Collins Square precinct.
FinCap Online Education
Harwood Andrews is pleased to have advised FinCap Australia on the acquisition of SpotED, an online education business that sources and delivers high quality, industry-accredited online short courses for students and jobseekers, delivered via a digital portal.
Key reform in the NFP space regarding DGR status
The Treasury Laws Amendment (2021 Measures No. 2) Bill 2021 (Bill) has introduced a key reform in the Not-For-Profit (NFP) space in relation to Deductable Gift Recipient (DGR) status.
Global Citizen in the AAT – a change in the interpretation of PBI?
The Administrative Appeals Tribunal (AAT) recently rejected the Australian Charities and Not-for-profits Commission’s (ACNC) decision to deny a charity known as Global Citizen Limited (Global Citizen) access to Public Benevolent Institution (PBI) status because its activities included advocacy.
Recalcitrant tenants take advantage of jurisdictional blackhole – watch this space.
As confirmed by the High Court’s decision in Burns v Corbett [2018] HCA 15, state tribunals, such as VCAT, do not have the jurisdiction to hear disputes between interstate parties.
The New Victorian Environment Protection Framework
On 1 July 2021, the Environment Protection Act 2017 (New Act) came into effect.
The new environment protection framework adopts a preventative, risk-based approach to preventing harm to human health and the environment. This is a shift away from the Former Act which adopted a prohibitive, reactionary approach whereby polluters were punished after committing an offence.