If you’re a retailer in a shopping centre or a Home Co, or an owner/operator of premises in an industrial park, this recent case regarding traffic management may be of interest to you. A retailer has avoided prosecution for breaches of the work health safety legislation in the Northern Territory this month by entering into … Read more
The ATO has, following the passage of amending legislation (see below), recently extended its ability to hold a rogue director accountable for unpaid tax liabilities of their company (which would include a company acting as trustee of a trading trust). This has been achieved through the strengthening of the suite of recovery legislation at its … Read more
By Adrian Faelli (Lawyer) and Michael Cochrane (Special Counsel) The Full Bench of the Fair Work Commission has finalised* its examination of annualised wage arrangements as part of the 4 yearly Modern Awards review. From 1 March 2020, certain Modern Awards will contain 1 of 4 new ‘Model Clauses’ that expand an employer’s record-keeping, payment … Read more
By Cano Ergun (Trainee Lawyer) and Kristina Antoniades (Special Counsel) On 24 July 2019 the Magistrates’ Court of Victoria (MCV) and the Children’s Court of Victoria implemented two important changes in relation to family violence intervention orders. These are: Updated standard conditions for family violence intervention orders (FVIO); and Information sheets to be attached to … Read more
When the unfair contract terms provisions of the Australian Consumer Law were extended to apply to small business contracts in late 2016, some users of these contracts made no changes or took a fairly “light touch” approach to reviewing their template agreements. This is possibly because it was unlikely a dispute over whether a clause … Read more
Michael Cochrane (Special Counsel) and Adrian Faelli (Lawyer) share their insights on the latest trends in the gig economy. Last month, the Fair Work Ombudsman (FWO) decided to discontinue its well-publicised Federal Court underpayments claim against Foodora Australia following the company’s administration and subsequent exit from the Australian market. While gig economy businesses (and businesses … Read more
By Adrian Faelli (Lawyer) and David Robbins (Principal Solicitor) The ACCC has confirmed it will not allow Meredith Dairy to stop retailers from discounting its goat cheese products. The ACCC’s decision shows it will not lightly depart from the position that consumers are best served when retailers are free to set their own prices, and … Read more
In a landmark decision handed down by the High Court of Australia today, it has been ruled that a sperm donor, who donated sperm to a woman with whom he was not in a relationship at the time of conception, is legally the father of the child born as a result of that donation. Background … Read more
By Jessica McNamara (Senior Associate) and Fiona Trethewey (Principal) Sensis Pty Ltd (Sensis), one of Australia’s largest marketing and advertising businesses, has succeeded in a claim against New South Wales based marketing business, Senses Direct Mail and Fulfillment Pty Ltd (Senses Direct), for trade mark infringement. Trade mark infringement In a judgment delivered on 24 … Read more
