Articles
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14 May 2015
Contracts & Procurement
Government to Legislate Fair Play with Small Business
The Government has released draft legislation extending the unfair consumer contract terms regime offered under the Australian Consumer Law (ACL) to small businesses. In the Explanatory Material to the draft legislation the Government has recognised…
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24 April 2015
Property
Leasing licensed premises: Polish Club Limited v Gnych
The grant of this particular lease was a breach of the relevant provisions of the Liquor Act and therefore unenforceable.
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15 April 2015
Contracts & Procurement
Unexpected consequences when contracts exclude consequential loss
Local councils should carefully review supplier T&Cs, particularly when suppliers attempt to exclude 'consequential loss?.
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15 April 2015
Workplace Law & Culture
Are you in or are you out? - is a local council a body politic or…
The NSW Attorney General said the broad definition of corporation argued by the unions, could extend to local governments.
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15 April 2015
Workers Compensation
Merchant v Shoalhaven City Council - test for 'seriously injured…
Multiple injuries in the course of employment cannot be aggregated to reach the threshold of a ?seriously injured worker?.
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15 April 2015
Property
Councils, tendering and direct negotiations
ICAC Guidelines assist councils in direct negotiations, so the process resists corruption and delivers value for money.
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15 April 2015
Environment & Planning
Rates: When is a charity a charity? Exclusively charitable purpos…
If CHL was found to be a public benevolent institution or a public charity, it would be exempt from the payment of rates.
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15 April 2015
Workplace Law & Culture
Australia you're standing in it!: Interesting workplace problems
This Bulletin looks at some of the interesting workplace problems that can arise if you don?t know where you?re standing.
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14 April 2015
Competition & Consumer
Harper Review Report and supermarkets
A number of the recommendations are relevant to the grocery sector, but the review chose not to recommend any change.
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31 March 2015
Personal Property Securities
PPSA: Whittaker Review final report - implications for the hire i…
There are many other recommendations, but the focus here is on key issues in the Report that affect the hire industry.
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23 March 2015
Wills & Estate Planning
A lawyer's duty of care to willmaking clients
Lawyers need to respond to different retainers, such as ill clients, elderly clients or clients about to travel overseas.
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04 March 2015
Property
New swimming pool laws postponed for 12 months
Pool owners have a further 12 months before they will need a Certificate of Compliance to sell or lease their property.
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04 March 2015
Workplace Law & Culture
A dishonest manager deserved to be dismissed - commonsense!
The misconduct was deliberate, dishonest, and struck at the heart of the trust relationship between employer and employee.
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26 February 2015
Work Health & Safety
Impairment threshold in hearing loss claims revisited
The Court ruled that this hearing loss was a different injury from the one for which the claimant was already compensated.
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12 February 2015
Superannuation
Looking through the SMSF LRBA Draft Legislation - tax implication…
The draft measures are clearly positive as they remove the uncertainty relating to the taxation treatment of LRBAs.
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10 February 2015
Workplace Law & Culture
Back to the Future: when a woolly policy is an expensive fur coat…
The harassment policy was too friendly in tone, so that the employer had no flexibility to manage difficult employees.
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03 February 2015
Corporate Governance
Taxation of employee share schemes (ESS) - Some relief in sight
The Australian Government released exposure draft legislation to amend the income tax treatment of employee share schemes.
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29 January 2015
Dispute Resolution & Advisory
Non-adversarial litigation: It does exist
A trustee, executor or administrator of a deceased estate can ask the Court for advice or direction relating to a trust.