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Indirect/Consequential Loss – why does this continue to be of importance?
Key points: Whenever a Commonwealth Agency is considering giving an exclusion or limitation of liability in respect of indirect/consequential loss the Agency must determine, in the context of the...
View ArticleFOI snapshot – When do employee details need to be disclosed?
Key points: There needs to be a clear expectation of confidentiality to justify the non-disclosure of a document containing the details of Departmental officers. Otherwise the information will be...
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Do unrepresented litigants require special treatment?
Key points: All parties are required to comply with the relevant court rules, whether or not a party has legal representation Self-represented litigants should be given sufficient information about...
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To what extent do rules of evidence apply to administrative proceedings?
Key points: Common law rules of evidence such as the Briginshaw principle are not “mandatory” requirements that the AAT is required to apply Whilst not bound by the rules of evidence, the AAT is not...
View ArticleCorporate Advisory Bulletin – 5 November 2014
In the media Shareholder primacy a myth: Governance Institute The notion that company boards have a legal obligation to act in the sole interest of their shareholders is a myth, according to a new...
View ArticleWhat are the consequences if I am not paying my employees correctly?
The Fair Work Act contains minimum employment terms and conditions, known as the National Employment Standards (NES). It also establishes a framework for the implementation and operation of industrial...
View ArticleThe Property Mill Queensland – 10th November 2014
In the Media New opportunities for agriculture in northern Australia Major opportunities for expanding northern Australia’s irrigated agricultural industries—across Western Australia, the Northern...
View ArticleA costly case of sexual harassment
Sexual harassment has many impacts on those who are subjected to it, and their employers – even when those employers have not directly engaged in or condoned such behaviour. There are obvious adverse...
View ArticleCorporate Advisory Bulletin – 19 November 2014
Directors’ confidence in Federal Government slumps The latest Director Sentiment Index released by the Australian Institute of Company Directors (AICD) has shown that directors’ confidence in the...
View ArticleThe Workplace and Personal Adornments – Where does one draw the line?
The desire of most businesses is to promote a positive image to the public. The way that this is done can vary. Many workplaces require employees to wear uniforms, and/or to be neatly attired. What...
View ArticleThe Property Mill Queensland – 25th November 2014
In the media G20 to focus on clean coal technology Group of 20 leaders have asked Japan to fast-track the development of clean coal technology that could be used by developing countries to burn...
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Happy Holidays?: Stratum and short term holiday accommodation in Byron Shire...
Article by Claire Waqa and Paul Jurdeczka Byron Shire Council’s current review of holiday letting management highlights a concern for residential stratum whose lot owners undertake this activity. If...
View ArticleTips & Traps – November 2014
A V8 Supercar win for Woodside The 2014 High Court decision of Electricity Generation Corporation v Woodside Energy Ltd took out a clear win in October. In V8 Supercars Holdings Pty Ltd v Lucas...
View ArticleLegislative property framework replaced today. Welcome POA!
Commencing today, 1 December 2014, the Property Agents and Motor Dealers Act 2000 (PAMDA) has been replaced by the following four pieces of legislation: Property Occupations Act 2014 (POA) Motor...
View ArticleCourt Examines Receivers’ Powers to Dispose of Trust Assets
We recently wrote a case alert on the decision in Re Bacchus Distillery Pty Ltd (Administrators Appointed) (2014) 98 ACSR 539 and an article published in the December 2014 edition of the Australian...
View ArticleThe Hazards of Christmas Parties and What to Do About Them
The “silly season” is in full swing. It’s a good time for most, but what if things go wrong? More than ever, employers and HR professionals need to be mindful of the potential risks. When matters take...
View ArticleAiring Dirty Laundry and Bullying Complaints – Can I Maintain Anonymity?
If my business becomes the subject of a bullying complaint in the Fair Work Commission, will any proceedings be conducted in private? Will the names of myself and the business be kept out of the public...
View ArticleProperty Mill – December 2014
In the media Foreign investment in residential real estate The House Economics Committee today tabled its Report on Foreign Investment in Residential Real Estate and makes 12 recommendations for the...
View ArticleCorporate Advisory Bulletin – 16 December 2014
In the media Murray urges ‘accommodative’ crowdfunding regulation The Financial System Inquiry has recommended the government update fundraising regulation to facilitate crowdfunding for debt and...
View ArticleThe Recruitment Process – Be Careful What You Ask For!
A recent decision of the Queensland Civil and Administrative Tribunal (QCAT) highlights the need for employers to carefully consider the questions that they ask of prospective employees. In Willmott v....
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