KHQ Blog

Latest legal news and events

Workplace Relations

By Michael Cochrane & Jack Stuk ATO disallows overtime meal deduction and imposes penalties (Kael v ATO) Mr Kael (K) claimed as tax deductions, overtime meal expenses for two (2) years during which K worked on building sites during the day, with paperwork performed at n...

Read more
Commercial Property

By James Lainas & Jennifer Huppert In Victoria, retail leases are governed by the Retail Leases Act 2003 (Vic) (Act).  If your lease is deemed to be a retail lease, the Act imposes extra obligations on landlords and affords extra protections to tenants.  Those ob...

Read more
Workplace Relations

On 14 December 2016, the highest safety fine for a single OHS offence in Victoria was delivered to Toll Transport in the County Court of Victoria. It involved Toll’s shipping service at Webb Dock in Port Melbourne.  Background In 2014, a Toll stevedore was run ov...

Read more
Technology and the Law

Software is a key asset of many businesses. It may be essential to the ongoing operation of the business. Accordingly, significant business interruption and loss could be suffered if a business owner lost the ability to effectively use, maintain or modify that software. This coul...

Read more
Franchising

It is mandatory under the Franchising Code of Conduct for a franchisor to disclose relevant business experience to prospective franchisees, including information about previous insolvency events. For the first time, the Australian Competition and Consumer Commission (ACCC) has...

Read more
Workplace Relations

A truck driver has won back his job after being dismissed for misconduct which included making lewd, crude, sexist and Islamophobic comments – here is the decision in Goodall v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal [2016] FWC 4129. What happened? Goodall was...

Read more
Workplace Relations

The NSW Supreme Court has again re-affirmed that gardening leave periods will be considered in assessing the overall reasonableness of post-employment restraints.  In DP World Sydney Ltd v Guy [2016] NSWSC 1072, Justice White held that a restraint period of 3 months, whic...

Read more
Corporate Law

Credit reporting agency, Veda, recently came under fire over its privacy practices regarding disclosure of personal information for marketing purposes. Background Veda (a subsidiary of US credit reporting giant, Equifax) collates credit information about individuals an...

Read more
Litigation Law

If you or your organisation become involved in a dispute, you should be aware of the obligations which the Civil Procedure Act 2010 (Vic) (Act) imposes on parties, legal practitioners and law practices in relation to the conduct of litigation in Victoria. The undeniably lofty ...

Read more