The phrase Unfair Contract Terms (UCTs) sends a shiver down small businesses and consumers alike, and allows larger, contract-issuing, businesses to rub their hands in glee. In the ten years that UCTs legislation has existed in Australia for the protection of consumers (and only four...
For many businesses, their people are the most valuable assets. Key employees can offer important skills and expertise, knowledge, reputation and relationships – attributes which are often critical to a business’ success. So, when purchasing a business, along with other assets such as plant and equipment,...
Are my Staff Casual Employees, or permanent? Anyone who is responsible for the hiring and firing of staff should be across the “type” of employee they hire. The recent case of Workpac Pty Ltd v Rossato (2020) has highlighted that you cannot make assumptions. So how do...
The State Revenue Legislation Further Amendment Act 2020 No.14 has introduced a new section 104JA to the Duties Act 1997 No.123 (“new Act”) designed to strengthen New South Wales’ revenue base. ...
Is there a time you have to wait after you make a person redundant before you can re advertise for the same position?...
Many commercial contracts contain provisions require one or other party to use “reasonable endeavours” or “best endeavours” to achieve a particular result....
Temporary laws addressing issues relating to the signing and witnessing of documents have been passed in almost all Australia jurisdictions. So can we all sigh a big relief and know that life and business should be easier? No, not quite....
On 23 September 2020 the NSW Government announced that it is going to extend the operation of the Commercial & Retail Leasing Code of Conduct so that it will now expire on 31 December, 2020. ...
In a recent court case in the Supreme Court of New South Wales the application of the Leasing Code of Conduct for the COVID-19 pandemic was called into action....
The High Court has recently overturned a decision of the Full Court of the Federal Court of Australia in relation to the entitlements of employees to personal leave....