Date: 13 Jul 2017
As part of its four year review of modern awards, the Fair Work Commission has decided to insert a ‘casual conversion’ clause into most modern awards that do not already have conversion clauses in place.
Date: 06 Jul 2017
The Maviglia case involved property in New South Wales where the registered proprietor was a trustee company in liquidation. The mortgagee, Perpetual Limited, had taken possession of the property after exercising its right to self-help.
Date: 30 Jun 2017
Key changes affecting Australian workplaces are about to take effect, impacting minimum wages, unfair dismissal, penalties for breaches of the Fair Work Act 2009 (Cth) (Fair Work Act) and superannuation contributions.
Date: 28 Jun 2017
As every landlord and tenant will know, disputes about a lease can arise for a wide variety of reasons. When a dispute relates to a retail lease in Victoria, the Retail Leases Act 2003 (Vic) (RLA) requires the dispute to be brought to the Victorian Small Business Commissioner (Commissioner) before it can be accepted by the Victorian Civil and Administrative Tribunal.
Date: 16 Jun 2017
A recent decision of the Federal Court of Australia provides a window into the figurative mind of the court when considering whether to approve an application to convene a shareholders meeting to approve a Scheme of Arrangement.
Date: 08 Jun 2017
There are numerous examples of the unquestionable value that can come from developing and protecting a brand with a well-thought-out brand strategy – just think of what Nike has achieved with its iconic ‘swoosh’, or McDonalds with its famous ‘golden arches’.
Date: 07 Jun 2017
The employer involved in this case had commenced a misconduct investigation focusing on one of its workers. After that investigation was commenced, the worker filed a ‘stop bullying’ application under section 798FC of the Fair Work Act 2009 (Cth).
Date: 31 May 2017
As we have explored previously, careless drafting of legal documents can have significant consequences, particularly when those documents come under the microscope in litigation.
Date: 24 May 2017
Three months from now, reforms to biodiversity legislation in NSW will come into effect. The NSW Government has opened a new round of consultation on the precise shape that some of those reforms should take, having released a package of information for public comment until 21 June.
Date: 18 May 2017
On 11 May 2017, Federal Parliament passed the Personal Property Securities Amendment (PPS Leases) Bill 2017 (PPS Amendment) following its introduction on 1 March this year.
Date: 17 May 2017
The recent decision in Universal Music Australia Pty Limited v TPG Internet Pty Ltd  FCA 435 (TPG Internet) heralds another win for copyright owners and exclusive licensees protecting their rights from pirate websites operating outside Australia.
Date: 16 May 2017
Blue Impression Pty Ltd (Blue Impression) operates a Japanese fast food outlet Hanaichi in Melbourne. Last year, Blue Impression was taken to court by the Fair Work Ombudsman for underpaying two Taiwanese workers nearly $10,000.
Date: 12 May 2017
Under the National Health Act 1953, medicines listed on the Pharmaceutical Benefits Scheme (PBS) are assigned to either Formulary 1 (F1) (usually single brand medicines) or to Formulary 2 (F2) (usually medicines that have multiple brands, or are in a therapeutic group with other medicines with multiple brands).
Date: 09 May 2017
In a recent decision, the NSW Supreme Court found that even if one co-guarantor appears to have a greater culpability for a guaranteed debt, that does not mean the Court has the power to adjust the monetary obligations of the co-guarantors accordingly.
Date: 03 May 2017
The Takeovers Panel regulates the conduct of takeovers in Australia, as its title obviously suggests. But the Panel’s recent consideration of a Rights Issue undertaken by MEC Resources Limited (MEC Resources) illustrates the Panel’s role in reviewing broader matters – specifically, capital raising transactions which could affect control in a company.
Date: 28 Apr 2017
The New South Wales Rural Assistance Authority (RAA), which administers the Farm Debt Mediation Act 1994 (NSW) (FDMA), is currently overseeing a review of the FDMA. The RAA has published a review consultation paper raising a series of consultation questions, which are open for comment until 5 May 2017.
Date: 27 Apr 2017
It has been some 13 years since the Retail Leases Act 1994 (NSW) (RLA NSW) was amended. In that time there have been intermittent opportunities for public submissions to the Office of the NSW Small Business Commissioner, with changes to the legislation finally being debated in the NSW Parliament towards the end of last year.
Date: 20 Apr 2017
In a recent appeal case heard by the Full Court of the Federal Court of Australia, the Court has confirmed that merely making an application for listing of a patented pharmaceutical product on the Pharmaceutical Benefits Scheme (PBS) would not infringe the patent.
Date: 19 Apr 2017
Many employers have been in the position of catching an employee ‘red handed’ for some type of wrongdoing, and confidently proceeding towards immediate dismissal.
Date: 11 Apr 2017
The Australian Competition and Consumer Commission (ACCC) has clearly demonstrated that it will not shy away from taking action against foreign-based businesses offering their goods to Australian consumers, if it considers they have contravened Australian laws.