Can a company sue for defamation?

By on 29 October 2015 in Defamation with 0 Comments
Can a company sue for defamation?

Companies are regarded as separate legal entities by law and are entitled to sue for defamation in certain circumstances. Section 9(1) of the Defamation Act 2005 (Qld) (“the Act”) states that, “ A corporation has no cause of action for defamation in relation to the publication of defamatory matter about the corporation unless it was […]

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Does leave accrue while an employee is absent from work and receiving workers’ compensation?

By on 8 October 2015 in Employment Law with 0 Comments
Does leave accrue while an employee is absent from work and receiving workers’ compensation?

When an employee is absent from work and receiving compensation due to a work-related injury, there can often be confusion as to whether an employee’s leave has accrued over that period of time. While it may seem obvious that while an employee is absent from work, he or she cannot accrue any time towards annual […]

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Potential Changes to Paid Parental Leave

By on 1 September 2015 in Employment Law with 0 Comments
Potential Changes to Paid Parental Leave

The Fairer Paid Parental Leave Bill 2015 (“the Bill”) proposes critical changes to the current Paid Parental Leave Scheme. These changes could have a significant impact on both employers and employees who utilise the current scheme. What is the current scheme? The current Paid Parental Leave Scheme offers employees who take leave for parental duties, […]

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Running a Company whilst Disqualified

By on 25 August 2015 in Corporate Governance with 0 Comments
Running a Company whilst Disqualified

Disqualification ASIC has the power to disqualify a person from managing a company for up to 5 years where that person has, within the previous 7 years, been an officer of two or more companies that have been wound up and deemed insolvent by a liquidator. A person will be automatically disqualified for being convicted […]

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Asset Protection Strategies for Individuals and Businesses

By on 11 August 2015 in Asset Protection with 0 Comments
Asset Protection Strategies for Individuals and Businesses

What is asset protection and why is it important for individuals and businesses? Asset protection is a relevant consideration in the establishment of any business. Effective asset protection strategies can limit and in some cases avoid liability for individuals who are carrying on a business. Commonly, businesses are conducted via a company or trust structure. […]

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What is a Creditor’s Statutory Demand?

By on 7 July 2015 in Debt Recovery with 0 Comments
What is a Creditor’s Statutory Demand?

A Creditor’s Statutory Demand (CSD), as defined under section 459E of the Corporations Act 2001 (Cth) (“the Act”), can be a highly effective tool in the recovery of a debt against a company (“debtor”). What is required for a CSD? To issue a CSD, the following requirements must be satisfied: the total debt amount must […]

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Can social media affect a person’s employment?

By on 1 July 2015 in Employment Law with 0 Comments
Can social media affect a person’s employment?

Just recently Scott McIntyre, a football reporter for public broadcaster SBS, had his employment terminated for inappropriate use of his Twitter social media account. McIntyre had posted controversial messages known as “tweets” to his 31,000 followers regarding the integrity of the Anzac soldiers who were being commemorated on Anzac Day. SBS dismissed McIntyre the next […]

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What is a Concerns Notice?

By on 28 May 2015 in Defamation with 1 Comment
What is a Concerns Notice?

What do you do if you have been defamed? If you believe that you have been defamed, then the first step in a defamation action is to issue a Concerns Notice. This notice will usually outline the date on which the defamatory statements were made, what was said, the defamatory imputations that stem from the […]

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What is the limitation period on bringing an action for defamation?

By on 21 May 2015 in Defamation with 0 Comments
What is the limitation period on bringing an action for defamation?

Time limitation on commencing defamation proceedings Prior to the Defamation Act 2005 (Qld) (“the Defamation Act”), a person had six years from the date of the publication to commence defamation proceedings. Since 2005, the limitation period prescribed under section 10AA of the Limitation of Actions Act 1974 (Qld) (“the Act”) requires a person to commence […]

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What are the duties of a director of a company in Australia?

What are the duties of a director of a company in Australia?

The laws in relation to the duties of directors in Australia are contained in the Corporations Act 2001 (Cth) (“the Act”). The laws in relation to the duties of directors are designed, amongst other things, to promote good governance and limit possible conflicts of interest between directors and their companies, thereby seeking to prevent directors […]

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