By James Allen (Lawyer) and Michael Cochrane (Senior Associate) In May this year, the Federal Circuit Court ruled that an accounting firm (Ezy Accounting) which provided payroll services was liable (as an accessory) for breaches of the Fair Work Act 2009 committed by its client, a Japanese restaurant chain (click here to read our earlier … Read more
My colleague in the KHQ Family & Relationship Law team, Bronwyn Montgomery, joined me on JOY Law to discuss legal issues regarding transgender youth and minors, including: parental responsibility and the role of both parents until the child turns 18 years of age; medical interventions requiring consent beyond normal parental responsibility; two stages requiring consideration … Read more
In a warning to businesses which engage in email marketing, telecommunications giant TPG has been fined by the Australian Communications & Media Authority (ACMA) for breaching the Spam Act 2003 (the Act). Background Under the Act, businesses sending commercial electronic messages, such as e-newsletters and marketing emails, must comply with (amongst other things) three key … Read more
My colleague in the KHQ Family & Relationship Law team, Bonnie Phillips, joined me on JOY Law to discuss matters concerning property settlement when relationships end. We talked about the steps to working through a property settlement, including: proving relationship status (a key consideration given same sex marriage it not yet legal in Australia); agreeing … Read more
The Federal Court has found that Meriton Serviced Apartments (Meriton) engaged in misleading and deceptive conduct regarding online reviews of its properties posted on the TripAdvisor website. Background to the case TripAdvisor provides a “Review Express” service to participating businesses. A participating business provides TripAdvisor with the contact details of customers who have consented to … Read more
In the recent decision handed down by the High Court of Australia in Thorne v Kennedy, the enforceability of Binding Financial Agreements was considered. This decision has been eagerly awaited by the family law community due to the ramifications for parties and practitioners regarding existing and future Binding Financial Agreements. Background This case involved a … Read more
By Clea Cole (Lawyer), Bridget Hobbs (Lawyer) and Jack Stuk (Principal Solicitor) After a costly and time-consuming court battle between a deceased’s surviving family members, the Supreme Court of Queensland has dispensed with the formal signing requirements for a Will and found that an unsent text message on a mobile phone can operate as a … Read more
Profit opportunities for franchise systems arising from changes to competition laws When your franchise system was established, considerable thought was given to the profit centres it would create and achieving from them a return satisfactory to the system and/or its shareholders, which at the same time provided an acceptable income to your franchisees to justify … Read more
By Chrystie Siapkas (Lawyer) and Andrew Walker (Director) The long-awaited decision on the New Zealand National Party’s (NZNP) use of an “Eminem Esque” track in its 2014 election campaign has finally been handed down. Justice Helen Cull of the New Zealand High Court found that the NZNP ripped-off Eminem’s hit Lose Yourself and ordered the … Read more
