Unfair Dismissal is no child’s play

By on 23 May 2016 in Employment Law with 1 Comment
Unfair Dismissal is no child’s play

At Kirralee Kindergarten, a teacher was dismissed after children escaped from the kindergarten. The teacher made an unfair dismissal application and the Fair Work Commission found that the dismissal was unfair. Background Three days prior to the dismissal, two young children escaped from the kindergarten without detection and walked down the street to a nearby […]

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Are you ready to franchise your business?

By on 26 April 2016 in Franchising Law with 0 Comments
Are you ready to franchise your business?

Setting up a Franchise system is not easy and straightforward. However, while initially overwhelming, once established and operating effectively it has great benefits and significant rewards. If you have been considering franchising your business, and you are not sure where to start, we recommend that you ask yourself the following questions: “Is my business profitable […]

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Implementing Redundancy Schemes

By on 21 March 2016 in Employment Law with 0 Comments
Implementing Redundancy Schemes

In the recent case of CFMEU v Port Kembla Coal Terminal Ltd (No 2) [2015] FCA 1088, the Federal Court reiterated the importance of adhering to procedural fairness and both statutory and contractual compliance in the implementation of redundancy schemes. In this case, Port Kembla Coal Terminal (PKCT) was accused of abolishing a Long Term […]

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What relevance does malicious intent have on defamation proceedings?

By on 8 March 2016 in Defamation with 0 Comments
What relevance does malicious intent have on defamation proceedings?

It is often the case that my clients ask this very question. Unfortunately, it is common for perpetrators to be motivated by malice when publishing defamatory material and proof of a malicious intent serves to render useless some of the defences that could be relied upon by a defendant in defamation proceedings. How to prove […]

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What effect does external administration have on legal proceedings?

What effect does external administration have on legal proceedings?

Under the Corporations Act 2001 (the Act) there are several provisions which have the effect of preventing an entity from continuing or commencing legal proceedings against a company in external administration. Voluntary Administration Section 440D of the Act states that: During the administration of a company, a proceeding in a court against the company or […]

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Dick Smith appoints an external administrator

By on 8 January 2016 in Corporations Law with 0 Comments
Dick Smith appoints an external administrator

This week, Dick Smith went into voluntary administration which raises questions about what will now happen to the consumers and creditor’s of Dick Smith. What is voluntary administration? Voluntary administration is a process whereby an “external administrator” is voluntarily appointed by a company to manage its affairs, in the hope that the company will ultimately […]

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Keeping in touch with an employee on parental leave

By on 17 December 2015 in Employment Law with 0 Comments
Keeping in touch with an employee on parental leave

All employees in Australia are entitled to parental leave provided that they have worked for their employer for at least 12 months. For casual employees to be eligible for unpaid parental leave they need to have: been working for their employer on a regular and systematic basis for at least 12 months; and have a […]

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Proposed Retail Shop Lease Amendments – Lessor Disclosure Statement

By on 15 December 2015 in Commercial & Retail Leasing with 0 Comments
Proposed Retail Shop Lease Amendments – Lessor Disclosure Statement

The Retail Shop Leases Amendment Bill 2015 (Qld) (the Bill) was introduced into Parliament on 13 October 2015. The Bill has been drafted in response to a statutory review of the Retail Shop Leases Act 1994 (Qld) (the Act) and is a replacement of a 2014 Bill which lapsed due to the change in Government. […]

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