High Court finds that there is no implied term of mutual trust and confidence

By on 17 September 2014 in Employment Law with 0 Comments
High Court finds that there is no implied term of mutual trust and confidence

This week, the High Court held that there is no common law term of mutual trust and confidence implied into Australian employment contracts. In Commonwealth Bank v Barker, the five members of the High Court found that it was wrong to conclude that the implied term of mutual trust and confidence had become part of […]

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ASIC’s Disqualification of Director Power Upheld

By on 11 September 2014 in Corporate Governance with 0 Comments
ASIC’s Disqualification of Director Power Upheld

The Australian Securities and Investment Commission’s (ASIC) power to disqualify directors is not a power to be overlooked. What is ASIC’s disqualification power? Under section 206F of the Corporations Act 2001 (Cth), ASIC has the power to disqualify a person from managing a corporation for up to 5 years where that person has acted as […]

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The price of sexual harassment

By on 27 August 2014 in Employment Law with 0 Comments
The price of sexual harassment

If anyone has been ignoring sexual harassment in the workplace, the case of Vergara v Ewin (FCAFC) should cause everyone to start taking the issue seriously. It’s no longer just about unwanted behaviour around the office that employers need to be worried about. What staff get up to outside office hours should be of equal […]

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Are trust assets safe if a corporate trustee is liquidated?

By on 12 August 2014 in Bankruptcy & Insolvency with 2 Comments
Are trust assets safe if a corporate trustee is liquidated?

The answer is no. In the recent Federal Court of Australia decision of Kitay, in the matter of South West Kitchens (WA) Pty Ltd [2014] FCA 670 (“the decision of Kitay”) the Federal Court held that a liquidator of a corporate trustee could sell the trust assets without first obtaining a court order. In the […]

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Things to look out for now that the carbon tax has been repealed

By on 18 July 2014 in Small Business with 0 Comments
Things to look out for now that the carbon tax has been repealed

On 17 July 2014, the Parliament passed the Clean Energy Legislation (Carbon Tax Repeal) Bill 2014. Not only will this new legislation repeal the carbon tax instated by the previous government, but it will also provide the Australian Competition and Consumer Commission (ACCC) with new enforcement powers. What are the new powers of the ACCC? […]

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Fair Work Commission Cuts Penalty Rates in the Restaurant Industry

By on 16 July 2014 in Employment Law with 0 Comments
Fair Work Commission Cuts Penalty Rates in the Restaurant Industry

Lately, there has been much debate around the issue of penalty rates on Sundays and public holidays, particularly over the Easter holiday season, when many business owners indicated that engaging a casual employee to work over the long weekend would cost them up to $45.00 per hour. Exorbitant public holiday penalty rates seem to be […]

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Update on the Stop Workplace Bullying Laws

By on 19 June 2014 in Employment Law with 0 Comments
Update on the Stop Workplace Bullying Laws

The new bullying laws have now well and truly come into effect and the Fair Work Commission has been exercising its powers to stop workplace bullying. The first Fair Work Commission conference made the new laws. The facts of the dispute which resulted in the first conference lead by the Fair Work Commission, including the […]

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A Right To Be Forgotten? – The European Court Of Justice Rules Against Google

A Right To Be Forgotten? – The European Court Of Justice Rules Against Google

On Tuesday, the European Court of Justice ruled that Google must listen to, and in some cases comply with, an individual’s request for links to articles or websites containing their personal information be removed from the search engine’s results. This is a significant decision with regards to privacy law in Europe, and one which could […]

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Big Rights for Small Business

By on 14 May 2014 in Small Business with 0 Comments
Big Rights for Small Business

If there is one significant highlight to the Coalition’s first budget yesterday, it is the extension of rights for small businesses. What benefits has small businesses received in the budget? Small enterprises will now have the same rights as consumers in respect of unfair contracts, against big businesses. In general terms, the Government intends to […]

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