Insights

Latest articles & upcoming events

2016: trends & sleepers

Welcome back for 2016! What the early cases are already telling us in 2016 – the race for change is on.  What are your competitors potentially doing that you are not?  The Fair Work Act places multiple hurdles to change. Whether it be business necessity or not, those hurdles are now really being tested – with … Read more

Hospitalisation due to mental health can be an exceptional circumstances for the purposes of unfair dismissal

Further to our developing series on workplace mental health, this employee claimed incapacity due to hospitalisation for mental health but was still able to brief a lawyer, make a bullying complaint and lodge an application from his hospital bed. Nevertheless, this is perfectly understandable and Deputy President Kovacic found that this was an exceptional circumstance … Read more

Harvey Norman franchises under ACCC fire

Since 2013, the ACCC has successfully prosecuted nine Harvey Norman franchisees across the country in relation to false and misleading representations regarding the consumer guarantees provisions under the Australian Consumer Law. And it has just claimed its 10th scalp. The Federal Court found that Bunavit Pty Ltd, a former Harvey Norman franchisee located in Queensland, … Read more

Nurofen’s targeted pain

Early last year, the ACCC took action against Reckitt Benckiser (Australia) Pty Ltd regarding the Nurofen ‘targeted pain’ range (click here to read our blog about it). In December 2015, the Federal Court found that Reckitt Benckiser had indeed engaged in misleading representations in relation to this range of products. Specifically, the Court found that … Read more

Privacy compliance for start-ups


Posted By on 18/01/16

Starting your own business is challenging, exhilarating and daunting. I know – I’ve done it! Privacy compliance is one of those areas that seems to confound and confuse. Let’s take a brief look at what’s involved. Do I need to comply with privacy and spam laws? Privacy and spam laws are not the same thing. … Read more

Workplace relations: dismissal found to be unfair because the misconduct was caused by mental health issues

In another case on what is becoming a rush of decisions involving mental health claims, see Vernham v Jayco Caravans. In this case, the employee threatened that he would “go postal” and complained to some people that he was suicidal. The company conceded that the day before the threat he was in an agitated state. … Read more