Protection for Small Businesses against Unfair Contract Terms from November 2016
From 12 November 2016 the unfair contracts provisions of the consumer law will be extended to cover standard form contracts involving small businesses. The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 recognises the disparity in bargaining power between small businesses and their larger cousins and extends to them the protections currently […]
Statutory limitation periods in child abuse cases removed in NSW
The NSW Parliament has recently removed the limitation period that applies to all damages claims for child abuse. The Limitation Amendment (Child Abuse) Act 2016 implements the recommendations of the Royal Commission regarding Institutional Responses to Child Sexual Abuse. Recommendation from the Royal Commission The Royal Commission found that limitation periods act as a substantial […]
Last Minute Asset Protection: Not So Super
Even where you operate your business through a company, you can, as a director, be personally liable for claims arising out of the company’s activities. The corporate shield has long been split asunder both by judge-made law and a myriad of statutes. So, apart from taking out insurance for obvious risks (such as for personal […]
‘Chucking a Sickie’? Just Chuck it or Get Chucked!
Australia Day is right around the corner. This year the public holiday falls on a Tuesday. So who wouldn’t be tempted to turn the celebrations into a four day long-weekend, by ‘chucking a sickie’ in the great Aussie tradition on the Monday immediately prior? Well, think again. You might just find yourself out of work […]
High Court Triangulates Labour Hire Sham Contracting
Employers that once thought they could avoid the sham contracting prohibitions in section 357 of the Fair Work Act 2009 (FWA) may have to review their operations. Interposing an independent labour hire company between the company and their workers, or "conversion" of employees into independent contractors, will not necessarily work. In a case handed down on 2 December 2015, […]
‘Reinbeers’ at Christmas Parties – What can go wrong for employers when alcohol is involved?
The Christmas decorations are going up and the staff and employers alike are looking forward to kicking off the silly season with a staff Christmas party. What can possibly go wrong? Unlimited alcohol at Christmas parties is every employee’s dream, but it can also be your worst nightmare. If you haven’t managed your risks effectively, […]
Engaging a labour hire employee – the Fair Work Commission’s view on ‘outsourcing’
Engaging a labour hire employee – the Fair Work Commission’s view on ‘outsourcing’ If you offer permanent employment to a temp worker, then the worker may get unfair dismissal rights, and sooner than you would have thought. Usually, when you take on a new employee, you would expect that the employee would not have unfair […]
Preliminary discovery a new weapon for the status quo
Established companies have many legal and commercial weapons at their disposal to protect their position. The financial power of large corporations with established supply agreements can make it almost impossible for newcomers to gain a foothold. Allegations of intellectual property infringement can be levelled at any competitor, regardless of their size. Preliminary discovery is the […]
Caravan Park Operators On Notice
The Residential (Land Lease) Communities Act 2013 No 97 has just been amended to give caravan park residents more rights. New rules of conduct for caravan park operators require the operators to: act honestly, fairly and professionally, exercise reasonable skill, care and diligence, not engage in high pressure tactics, harassment or harsh or unconscionable conduct, and not disclose confidential information. […]
Natural or Legal Disaster? When a determination is not a determination and the wheels of justice are slow to turn.
Usually, an expert’s determination expressed to be binding and non-appealable is just that – final. However, the New South Wales Court of Appeal declared an expert’s determination not binding because the expert did not follow the contract. The Court remitted the determination to the expert with directions about the proper construction of the contract. Background […]