As we mark the 9th anniversary of the Fair Work Act, we thought it might be useful to reflect first on the basics for the new financial year. Minimum wages, unfair dismissal salary cap, civil penalty increases and changes at the FWO The national minimum wage and award rates increased by 3.5% (say what?!). Where … Read more
The case of Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd [2017] FCAFC 83 has raised significant interest regarding trade mark ownership and the circumstances in which ownership may be challenged. In Pham, the Full Court of the Federal Court held that the requirement for trade mark ownership must be satisfied at the … Read more
A recent case highlights the importance for property owners in ensuring they are aware of uses of their properties by lessees and take appropriate steps to deal with any residual issues once the lessee decides to move on. Background A holding company in Victoria leased property to a skip bin company that intended to use … Read more
By Naomi Stephens (Paralegal) and Amelia Edwards (Lawyer) Weight loss giant Jenny Craig has paid penalties totalling $37,800 following an investigation by the ACCC into multiple misleading representations made in its lose “10kg for $10” campaign. What happened? Wrongly trimming the informational fat: The campaign ran from December 2017 to February 2018, with advertising stating … Read more
By Clea Cole (Lawyer) and Venn King (Special Counsel) Ongoing investigation by the Australian Securities and Investments Commission (“ASIC”) into Dover Financial Advisers Pty Ltd (“Dover Financial”, one of Australia’s largest financial planning businesses) has highlighted the risks associated with financial planners becoming authorised representatives under another party’s Australian financial services licence (“AFSL”). An “authorised … Read more
Same-sex marriage is now legal in Australia. While the LGBTI community has embraced this change, the fight for LGBTI equality is not over – further changes to certain Australian state and territory laws are necessary to ensure that trans and gender-diverse people are not discriminated against. Forced divorce As we know, prior to the recent … Read more
As your mum used to say, ‘sticks and stones may break your bones, but negative customer reviews might break your business’ (or something along those lines, anyway). The ACCC recently announced that Wisdom Properties Group Pty Ltd received a firm slap on the wrist – and a court-enforceable undertaking – requiring it to remove certain … Read more
On 25 May 2018, changes to the European Union’s General Data Protection Regulation (“GDPR”) came into effect requiring organisations all over the world (including businesses in Australia) to provide a high level of protection to the personal data of individuals in the EU, and allow those individuals to maintain better control over their personal data. … Read more
Today we have seen splashed across all news media outlets the announcement of an “overhaul” of the family court system to deal with the substantial delays of having matters finally determined in our court system. Background Since 2000 we have had two separate courts, with two separate sets of rules, forms and court procedures to … Read more
