Latest publications
ACCC takes first enforcement action under “unfair contract” laws in the Australian Consumer Law
In Brief- Don’t be caught in the ACCC’s crosshairs The Australian Competition and Consumer Commission (ACCC) has started to take enforcement action against standard form consumer contract terms that it considers to be unfair and unenforceable. National laws proscribing unfair contract terms, included in the Australian Consumer Law (ACL), came…
3D printing — Top 10 IP challenges
In brief 3D scanning and printing technology has the potential to revolutionise manufacturing, like the rise of the personal computer challenged the orthodoxy of the traditional world of computing. As the availability and ease of use 3D printing technology increases, and the price drops, the technology will gain wider use…
Hiring Disabled Employees
In Brief People often judge a book by its cover and this still applies when it comes to the judgments we make about each other. In light of the proposed anti discrimination legislation, this article outlines how the supported wage system assists with the employment of disabled persons. What is the supported wage system…
How can an SME avoid business failure? Some useful tips to guide you.
In Brief Two recent surveys of SME business owners and their advisers revealed some key reasons why businesses fail. Reasons for failure According to a CCH survey, SME owners believe that most business failures are a result of poor cost management, whilst many of their advisers believe that failure is often due to a poorly-designed business…
Pre-packaged insolvencies
What is a pre-pack? At Swaab, we have seen an increase in “pre-packaged insolvencies” by distressed companies. “Pre-packs”, as they are known, are arrangements where the sale of all or part of a company’s business and/or assets is negotiated with a purchaser (often one associated with the company or its management) prior to…
Swearing at work — can it cost you your job?
In Brief What is appropriate and inappropriate conduct in the workplace is constantly evolving. Whether swearing is regarded as offensive is often informed by the context, the type of swearing and the audience. The question of whether swearing at work can cost you your job is a highly relevant one. Several cases…
Introducing the early years quality fund — are you eligible to receive funding?
This year the Federal Government announced the Early Years Quality Fund as part of its National Quality Agenda for early childhood education and care. There will be an additional $300 million funding to support childcare service providers to pay a $3 per hour wage increase to Certificate III qualified educators…
Disabled Employees
In Brief People often judge a book by its cover and this still applies when it comes to the judgments we make about each other. In light of the proposed anti discrimination legislation, this article outlines what disability discrimination is, the exceptions which allow discrimination and how the supported wage system assists…
What prevents people from being able to reach an out of court settlement?
In Brief — Why are people unable to reach an out of court settlement? The two main reasons why separating couples are unable to reach an out of court settlement are unrealistic expectations and decision making being clouded by emotions. Unrealistic expectations When one party has unrealistic expectations about their entitlements, responsibilities…
What happens regarding child visitation rights when blended families divorce?
The blended family (step-family) In a blended family, commonly known as a step-family, one or both partners have children from previous relationships. So what happens if the blended family then breaks down? Does the stepparent have visitation rights with their stepchild? Step-parents have rights Under the Family Law Act (Cth), children have a right to…