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Practical Articles
  • The New Fair Work Act 2009
    Author: Anil Herat
    Firm: Legal Recovery Solutions
    Date: November, 2009
    Times viewed:
  • Tips and Tricks to Minimise Stress
    The legal profession is demanding. While stress cannot be avoided, it is important to take steps to keep stress at a manageable level.
    Author: Susan Waywood
    Date: May, 2009
    Times viewed:
  • Appeal Court Rules on Lawyers’ Obligations to Provide Timely, Definitive Advice
    On 15 October 2008, the NSW Court of Appeal released its decision in Hancock v Arnold, [2008] NSWCA 254. The case concerned the obligations of solicitors and barristers to provide timely and definitive legal advice.
    Date: November, 2008
    Times viewed:
  • WITHOUT EMPLOYMENT CONTRACTS - EMPLOYERS RISK LOSING IP
    Businesses should be nervous if they do not have employment contracts with each of their (key) employees which specifically address who is entitled to any intellectual property created or developed by those employees in the course of their employment.
    Author: Andrew Nicholson
    Firm: Mullins Lawyers
    Date: November, 2008
    Times viewed:
  • Compliance in the construction industry made a little easier
    People such as directors, engineers, developers and administrators have responsibilities to comply with construction industry-related legislation on a daily basis. In Queensland, for example, such legislation includes the Building and Construction Industry Payments Act 2004, the Queensland Building Services Authority Act 1991 and the Workplace Health and Safety Act 1995.
    Date: July, 2008
    Times viewed:
  • Funding announced for legal services – a “genuine attempt” to address shortfalls?
    Federal Attorney General Robert McLelland announced a one-off additional funding of $10 million for the Commonwealth Legal Services Program. But the Law Council hopes the funding marks the beginning of a “genuine attempt” by the Government to address the program’s shortfalls.
    Author: Azadeh Khalilizadeh
    Date: May, 2008
    Times viewed:
  • Beware of bogus roof painters in Western Sydney
    NSW Fair Trading Minister, Linda Burney, today warned residents of western Sydney to beware of bogus roof painters who are operating in the area.
    Firm: Barclay Churchill Construction Lawyers + Claim Consultants
    Date: April, 2008
    Times viewed:
  • Unlicensed builder Akari jailed for fourteen months
    NSW Fair Trading Minister, Linda Burney, today announced that Benjamin Nuele Akari, an unlicensed builder, was sentenced to 14 months imprisonment and ordered to pay more than $9,000 for a string of serious offences under the Home Building Act and the Crimes Act.
    Firm: Barclay Churchill Construction Lawyers + Claim Consultants
    Date: April, 2008
    Times viewed:
  • Owner-builders in the spotlight
    NSW Fair Trading Minister, Linda Burney, today announced that owner-builders will be in the spotlight this month as part of a joint compliance program conducted by the Office of Fair Trading and WorkCover NSW.
    Firm: Barclay Churchill Construction Lawyers + Claim Consultants
    Date: April, 2008
    Times viewed:
  • CTTT invites visitors to Law Week open days
    NSW Fair Trading Minister, Linda Burney, today invited the public to attend the Consumer, Trader and Tenancy Tribunal’s (CTTT) open days during Law Week.
    Firm: Barclay Churchill Construction Lawyers + Claim Consultants
    Date: April, 2008
    Times viewed:
  • Castle Hill builder fined $8,000
    NSW Fair Trading Minister, Linda Burney, today welcomed the prosecution of a builder based at Castle Hill for a number of breaches of home building laws.
    Firm: Barclay Churchill Construction Lawyers + Claim Consultants
    Date: April, 2008
    Times viewed:
  • Equity and Trusts – Unjust Enrichment
    Unjust enrichment is based on the premise that one party should not be unjustly benefitted at the other party's expense. Until 2007 it was believed this was an expanding area of the law and there was speculation that the test was unjust. Enrichment might include a subjective test as well as an objective test.
    Author: Eddy Neumann
    Firm: Eddy Neumann Lawyers
    Date: February, 2008
    Times viewed:
  • Contracts - unfair and harsh contracts
    Independent contractors now have access to a new national system for settling disputes over unfair and harsh contracts with the commencement of the Commonwealth Independent Contractors Act 2006 (?the Act?) on the 1 March 2007.
    Author: Eddy Neumann
    Firm: Eddy Neumann Lawyers
    Date: February, 2008
    Times viewed:
  • Legal Talent – The Ins and Outs
    There has always been tough competition among law firms to attract the best and brightest lawyers. Today this competition is even fiercer, not only do law firms have to compete with local firms, corporate employers and other jurisdictions throughout Australia, Australian law firms have to be able to compete in a global market.
    Author: Susan Waywood
    Date: August, 2007
    Times viewed:
  • HIGH COURT UPHOLDS THE CONSTITUTIONAL VALIDITY OF ASIC’S DISQUALIFICATION POWER UNDER S 206F OF THE CORPORATIONS ACT
    In Visnic v ASIC [2007] HCA 24 Visnic had been the director of fourteen companies that had been wound up. A liquidator had reported under s 533 of the Corporations Act 2001 (Cth) that the corporation of which Visnic was an officer might be unable to pay unsecured creditors more than fifty cents in the dollar.
    Author: TOM MIDDLETON
    Date: June, 2007
    Times viewed:
  • Voluntary Administration-A director’s choice or obligation?
    If your company is facing cash flow shortages, unable to pay PAYG, GST and superannuation, unable to pay creditors debts as they fall due, then as a director of a company you have a mandatory obligation to avoid the company continuing to trade insolvent.
    Author: Anil Herat
    Firm: Legal Recovery Solutions
    Date: March, 2007
    Times viewed: 361
  • Shareholders Bolstered in Recent High Court Decision
    A recent High Court decision could see shareholders with compensation claims walk away with millions of dollars as they rank alongside creditors after the collapse of a company.
    Author: Valentina Misevska
    Firm: Harris Wheeler
    Date: March, 2007
    Times viewed: 250
  • Directors and Managers Liabble for Company OH&S Breaches
    A recent decision of the NSW Industrial Court serves as a serious reminder to directors and managers of the extent of their liability for Company breaches of Occupational Health and Safety laws.
    Firm: Harris Wheeler
    Date: March, 2007
    Times viewed: 279
  • How far can you go when you are chasing a debtor?
    There are some restrictions placed on you when you are chasing debtors. Section 60 of the Trade Practices Act "prohibits the use of physical force, undue harassment or coercion in connection with the supply or payment for goods and services by a consumer." The following would be considered to be "undue harassment"...
    Author: Anil Herat
    Firm: Legal Recovery Solutions
    Date: February, 2007
    Times viewed: 359
  • Protecting your Business Information
    Confidential information includes any information that is of value to your business to continue its operation and market advantage. This may include customer lists, procedures, techniques, product processes, marketing information and statistics.
    Author: Anil Herat
    Firm: Legal Recovery Solutions
    Date: February, 2007
    Times viewed: 348
  • Stratas,Common Property and Building Defects
    Under a strata scheme, land is subdivided into strata lots and common property. Strata lots are owned exclusively by individual lot owners, whilst common property is collectively owned by all the lot owners.
    Author: David Doyle
    Firm: The Builders Lawyer - Construction Industry Specialists
    Date: February, 2007
    Times viewed: 486
  • Employees can now be Held Personally Liable for Misleading and Deceptive Conduct
    On 13 December 2006, the High Court in a unanimous decision held that two employees of a business were personally liable for misleading and deceptive conduct. They were subsequently found liable for damages incurred by a client who relied upon their incorrect advice.
    Author: Valentina Misevska
    Firm: Harris Wheeler
    Date: January, 2007
    Times viewed: 572
  • Overseas Travel Restrictions for Directors of Insolvent Companies
    Section 486A (1) states that on the application of a liquidator the court may make orders:
    Author: Leigh Adams
    Firm: Leigh Adams Lawyers
    Date: January, 2007
    Times viewed: 342
  • Employment Issues on Sale of Business
    When is there a transmission of business? Two cases in this area which are relevant are The Minister for Employment and Workplace Relations –v-Gribbles Radiology P/L (2005) 138 IR 252 and PP Consultants P/L –v- Finance Sector Union (2000) 201 CLR 648.
    Author: Leigh Adams
    Firm: Leigh Adams Lawyers
    Date: January, 2007
    Times viewed: 547
  • Building or Renovating
    If you are building your dream home or just renovating, here are some tips to ensure that your interests are protected...
    Author: Anil Herat
    Firm: Legal Recovery Solutions
    Date: January, 2007
    Times viewed: 439
  • Protection of Intellectual Property Rights-Beware the Unjustified Threat
    Businesses risk winding up in Court in the event that they (incorrectly) assert that they own copyright (or other IP rights) in a work. Many people are unaware that the Copyright Act contains an "unjustified threats" provision...
    Author: Andrew Nicholson
    Firm: Mullins Lawyers
    Date: December, 2006
    Times viewed: 508
  • Prevention Is Cheaper Than The Cure
    Do you want your business to go into liquidation? Do you want to lose $millions like some other Companies. Do you want to spend $thousands on litigation costs? If the answer is no to any or all of these questions, then read on...

    Firm: Access Legal Pty Ltd
    Date: November, 2006
    Times viewed: 486
  • Thinking of buying a business?
    There has been a huge growth in the SME (small business) market in Australia.
    Author: Ian Paul
    Firm: Polemic Forensic
    Date: September, 2006
    Times viewed: 404
  • PROTECTING YOUR INTELLECTUAL PROPERTY RIGHTS
    Author: Andrew Nicholson
    Firm: Mullins Lawyers
    Date: March, 2006
    Times viewed: 968
  • Benefits of Risk Management Strategies
    Author: Ian Paul
    Date: January, 2006
    Times viewed: 456
  • Expert Reports & Investment Advice
    In the Federal Court matter of Calder v Commissioner of Taxation [2004] FCA 1769 consideration was given to objections against the affidavit of an accountant who had been engaged as an expert in the subject proceedings.
    Author: Ian Paul, of Polemic Forensic Accountants and Business Advisers
    Date: July, 2005
    Times viewed: 502
  • Business Franchising
    The Franchise Code of Conduct has established a complex system of rights and responsibilities. Both the franchisor, facing a range of obligations, and the franchisee, seeking to understand the range of protections offered by the Code as well as their own responsibilities, will shoulder the burden of making an agreement work.
    Author: Geoffrey Bartels
    Firm: Geoff Bartels - Business Lawyer
    Date: July, 2005
    Times viewed: 892
  • Franchises - an introduction
    Franchising is a way of doing business and a marketing concept. It can be used in a number of different ways and even ranges as far as sporting concepts such as the Super 12.
    Author: Baldwins
    Date: October, 2004
    Times viewed: 1330
  • Legal framework of franchises in Australia
    Australia has specific federal legislation, by way of the Franchising Code of Conduct - it applies to all agreements that have been entered into, renewed, or extended after 1 October 1998.
    Author: Baldwins
    Date: October, 2004
    Times viewed: 1110
  • The Water Wheel Continues to Turn
    The Full Federal Court's recent decision in Elliott v Water Wheel Holdings Ltd (Subject to a Deed of Company Arrangement) considered whether compensation payments that John Elliott was ordered to pay were assets that were covered by the Water Wheel Deeds of Company Arrangement.
    Author: Clint Hinchen
    Firm: Allens Arthur Robinson
    Date: October, 2004
    Times viewed: 905
  • Are your Warnings the Ones that the Product Safety Standards Require?
    A recent decision concerning an appeal by BMW Australia Ltd (BMW) serves as a powerful reminder there is not much room for deviation where product safety standards are concerned—slight variations to mandated warnings may result in a breach of the Trade Practices Act.
    Author: Eleanor Scacco
    Firm: Freehills
    Date: September, 2004
    Times viewed: 582
  • Tougher penalties for anti-competitive conduct and new search and seizure powers for the ACCC
    Legislation to amend the competition law provisions of the Trade Practices Act 1974 was recently introduced into parliament. This article outlines the changes, discusses what these changes will mean for business, and raises some potential issues and concerns with the new process.
    Author: Lisa Emanuel
    Firm: Freehills
    Date: August, 2004
    Times viewed: 886
  • Sale of a Business
    Are you looking to sell your business? To make sure you get a good return on the sale, there are a number of issues you should consider.
    Firm: Alexander & Associates Solicitors
    Date: August, 2004
    Times viewed: 759
  • Depreciation Allowance for Apartment Purchasers
    Partner Tony Davies outlines what property developers should consider when selling apartments.
    Author: Tony Davies
    Firm: Allens Arthur Robinson
    Date: June, 2004
    Times viewed: 518
  • Funds Management - Real Estate & Superannuation
    We look at rebate clauses in contracts of sale and depreciation allowance for apartment purchasers.

    A recent decision by the Supreme Court of Queensland is of significant importance to property developers and investors entering into land sale contracts. Partner Tony Davies and Lawyer Jessica McKinnon report.
    Author: Tony Davies
    Firm: Allens Arthur Robinson
    Date: June, 2004
    Times viewed: 604
  • Trade Marks – 'What's in a name?' ACIP Considers Interface Between Trade Marks, Business Names, Company Names and Domain Names
    The Advisory Council on Intellectual Property has released an issues paper examining the relationship between trade marks and business, company and domain names.
    Author: Tim Golder
    Firm: Allens Arthur Robinson
    Date: May, 2004
    Times viewed: 677
  • Trans-Tasman Joint Scheme for Regulation of Therapeutic Products
    The Australian and New Zealand governments have formally agreed to establish a single trans-Tasman therapeutic goods agency, using the model of Food Standards Australia New Zealand.1 Partner Annette Hughes and Articled Clerk Susannah Downie look at the new regime and its likely impact.
    Author: Annette Hughes
    Firm: Allens Arthur Robinson
    Date: April, 2004
    Times viewed: 692
  • APRA Imposes New ‘Fit and Proper’ Standards
    On 3 March 2004 APRA released a 21 point checklist to be used by financial services companies to assess the quality of their boards, executives, auditors and actuaries.
    Author: Andrew Goldstein
    Firm: Ebsworth & Ebsworth
    Date: April, 2004
    Times viewed: 696
  • Liability Under the Trade Practices Act for Breaching the Franchising Code of Conduct
    The Franchising Code of Conduct (Code) is a mandatory code under the Trade Practices Act (TPA) that places obligations on parties to a ‘franchise agreement’. Specifically franchisors are required to disclose specific facts and follow set procedures in their dealings with franchisees or risk breaching the Code and therefore the TPA. The ACCC has begun to aggressively prosecute businesses that deny their franchisor status by using licensing or distribution agreements that specifically state that the arrangement in question is not a franchising arrangement. Two recent cases illustrate how broadly the ACCC is interpreting the term ‘franchise agreement’.
    Author: Simon Uthmeyer
    Firm: Phillips Fox
    Date: March, 2004
    Times viewed: 947
  • Family Responsibilities Balanced Responsibly
    An employer's decision to relocate a workplace has been upheld on appeal as being non-discriminatory, even though relocation impacted seriously on an employee's family responsibilities. Partner Jamie Wells reports.
    Author: Jamie Wells
    Firm: Allens Arthur Robinson
    Date: March, 2004
    Times viewed: 552
  • Employees in Suits – Approach With Care
    Employers in New South Wales must ensure that dealings with employees starting unfair contract actions while still employed do not amount to criminal contempt1. Senior Associate Andrew Cardell-Ree reports.
    Author: Andrew Cardell-Ree
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 657
  • What is the Value of a Good Record in OHS?
    A recent New South Wales Industrial Relations Commission decision2 indicates that a good occupational health and safety (OHS) record may do little to minimise the penalty imposed by a tribunal in a prosecution for breach of OHS legislation. Consultant Ric Morgan reports.
    Author: Ric Morgan
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 626
  • Common Rule Awards for Victoria
    The Workplace Relations Amendment (Improved Protection for Victorian Workers) Act 2003 (Cth) came into effect on 1 January 2004 and reintroduces a system of common rule awards in Victoria. Lawyer Rosemary Bryant-Smith reports.
    Author: Rosemary Bryant-Smith
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 898
  • Outsourcing and Restructuring Risks
    In 2004, the High Court will review two important employment issues affecting plans to restructure. We look at both special leave applications heard by the High Court in December 2003.

    While outsourcing functions such as IT can generate cost savings, there can be unexpected risks in replacing one outsource provider with another. Senior Associate Tony Saunders reports.
    Author: Tony Saunders
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 686
  • Restructuring Risks – Amcor
    Employers intending to transfer employees between related corporations as part of a business restructure will be interested in the outcome of Amcor's appeal to the High Court. Partner and the solicitor for Amcor in these proceedings, Julian Riekert, reports.
    Author:
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 635
  • Insurers Win in Wilkie : Company Directors Left to Fund Defence Costs
    In November 2003, the New South Wales Supreme Court confirmed that insurers can deny indemnity and refuse to pay defence costs where they seek to rely on an exclusion clause applicable to dishonest and fraudulent conduct. Although different policy wordings may produce different results, the structure and wording of the D&O policy was not uncommon. Lawyer Jacqui Mengler reports on the implications for insurers.
    Author: Jacqui Mengler
    Firm: Allens Arthur Robinson
    Date: January, 2004
    Times viewed: 714
  • Visy Contract Now Scrap Paper: When Commercial Dealings With Competitors Go Awry
    Entering into contracts with your competitors has become even more of a minefield with this recent High Court decision on when an exclusive supply agreement can become an anti-competitive market sharing agreement in breach of the Trade Practices Act.

    Author:
    Firm: Ebsworth & Ebsworth
    Date: January, 2004
    Times viewed: 752
  • The Privacy Implications of Buying and Selling Business Assets
    The exchange of personal information when a business is bought or sold is not exempt from the operation of the Privacy Act. The involved parties therefore need to structure the transaction and draft their documents in a manner consistent with the NPPs. The parties will also need to satisfy themselves that the vendor's proposed disclosure and the purchaser's subsequent use of the information is actually permitted under the NPPs.
    Author: Ian Lockhart
    Firm: Minter Ellison
    Date: April, 2002
    Times viewed: 582
  • Section 707 and the Wider Effects of the FSR Act
    With the commencement of the Financial Services Reform Act 2001 on 11 March comes a range of changes to the general securities law requirements of the Corporations Act.
    Author: Sebastian Hempel
    Firm: Minter Ellison
    Date: March, 2002
    Times viewed: 650
  • A Friend in Court
    An insurer’s product disclosure obligations have been examined by the NSW Supreme Court with ASIC’s assistance. The Australian Securities and Investments Commission (ASIC) appeared amicus curiae (as a “friend of the court”) in the case of Hams v CGU Insurance Limited.
    Author: Susan Yee-Kong
    Firm: Ebsworth & Ebsworth
    Date: January, 2002
    Times viewed: 679
  • ASIC's new approach to truth in takeovers
    The Australian Securities and Investments Commission's recent policy consultation draft on Truth in Takeovers envisages a shift to a more stringent and prescriptive approach to public statements made during takeover bids. AAR Lawyer Joanne Conley explains.
    Author: Joanne Conley
    Firm: Allens Arthur Robinson
    Date: January, 2002
    Times viewed: 543
  • NSW wants to change liability
    On 7 May 2002 the New South Wales Government released the Civil Liability Bill 2002. Senior Associate Mark Lindfield outlines the major reforms proposed by the draft Bill.
    Author: Mark Lindfield
    Firm: Allens Arthur Robinson
    Date: January, 2002
    Times viewed: 708
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