Latest publications
Cash-flow problems no excuse for underpayment of workers, magistrate rules
In these difficult economic times it is common for small businesses to experience liquidity and cash-flow problems. Under these situations it is natural for a small business to concentrate on paying those people that keep the business afloat. However, it is important that a business does not disregard its obligations as an employer…
Really unlucky in love — dating website scams
New ACCC guidelines to protect consumers of online dating sites from scammers. If you think that the only people vulnerable to online scams are retirees lacking a certain internet savviness or gullible folk willingly to part with sensitive financial information to the Nigerian Central Bank, think again. In response to a significant increase in…
ACCC cracks down on free range claims
Declaring a crackdown on claims by poultry producers of “free range” eggs or birds (or similar expressions), the Australian Competition and Consumer Commission (ACCC) has accused a number of Australia’s main chicken suppliers of engaging in misleading and deceptive conduct regarding the promotion and supply of their products. The ACCC has indicated…
Optus wins most recent footy wars
AFL, NRL and Telstra unable to stop unlicensed “near-live” viewing of matches On 1 February 2012, the Federal Court of Australia confirmed that Optus is able to offer to users “near-live” broadcasts of sporting events, without having to pay licence fees to the rights holders, relying on the “time-shifting” exception in the…
Terminating employees on sick leave can be a recipe for disaster.
One of the biggest issues for an employer is dealing with underperforming staff members who abuse their sick leave entitlements or access their sick leave for a stress claim immediately ensuing disciplinarily meeting. Whilst an employer is not to be prevented from terminating an employee whilst on sick leave if the termination…
Why do I need a Will with Testamentary Trusts?
Advantages in nut shell Having a testamentary trust in your will: Can have asset protection benefits for your beneficiaries, for instance, by protecting from loss caused by bankruptcy and in some cases, divorce. Provides capital gains and income tax efficiencies. Is prudent where a beneficiary to your will is either incapable of managing their own…
Australian trade mark decision nuckin futs?
An Australian snack food company has been given the go ahead to sell their prepared nuts product under its unconventional brand name “Nuckin Futs”, following a legal trade mark battle spanning 12 months. The initial trade mark application for “Nuckin Futs” was first rejected by the Trade Mark Office under the Trade…
Retention of Title under the PPSA
The commencement of the Personal Property Security Act 2009 (PPSA) on 30 January 2012 has significant implications on the business undertakings of many Australian industries, especially those who regularly supply goods on retention of title (ROT) terms. An ROT clause, also referred to as a ‘Romalpa’ clause, is often used…
Will your business be affected by the PPSA?
In Brief The Personal Property Securities Act 2009 (Cth) (PPSA) establishes a new, nationwide régime regulating interests in personal property. The PPSA is scheduled to commence on 30 January 2012. HOW DOES THE PPSA CHANGE THE LAW? The PPSA changes the order of priority of some security interests, changes the way in which those…
Changes to claims on deceased estates
Certain people such as a husband, wife, partner, children, grandchildren and others are entitled to make a claim on an Estate of a deceased person if that person left the claimant with inadequate provision in their Will or on intestacy (without a Will). By the Succession Amendment (Family Provision) Act 2008, the legislation in…