Employees have a duty of confidentiality and good faith to their employers and employers have a right to ensure that company information is not misused or wrongfully disclosed. But what happens when a company’s information is ‘stolen’ and ends up in the hands of a competitor? The unauthorised disclosure of confidential information or sharing of…

Superannuation in Australia is governed by the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) and Income Tax Assessment Act 1997 (Cth) (ITA Act). Superannuation is a tax-effective way to save for your future. The SIS Act provides for the formation of a Self-Managed Superannuation Fund (SMSF). These funds are subject to strict compliance requirements…

It is common for parties to an agreement to refer, in the agreement itself, to additional documents. These additional documents are sometimes, although regrettably, not always annexed or attached to the actual agreement. In adopting this course of action the parties may be endeavouring to streamline or simplify the body of the primary agreement and…

Long gone are the days when accepting a directorship meant occasionally turning up to a company’s annual general meeting, accepting a director’s fee and turning a blind eye to how a company was actually being run. In recent years, with increasing regularity and at times severity, Australian Courts have made it clear that directors have…

A recent joint investigation by Four Corners and Fairfax Media found evidence of the systemic underpayment of wages as well as the doctoring and falsifying of payroll records by 7-Eleven, the largest convenience store chain in Australia. That investigation was then followed by an Inquiry by the Fair Work Ombudsman. Following the release of the…

The circumstances unique to each case must be considered in determining whether it is lawful to terminate an employee for conduct that contravenes company policy. Generally, however, if a breach of policy results in unlawful conduct such as bullying, harassment or discrimination, then the decision to terminate the offending employee may be justified. Having in…

The Personal Property Securities Act 2009 (Cth) (PPSA) provides a national framework for registering interests in personal property. These interests are recorded on a central register known as the Personal Property Securities Register (PPSR). Registration on the PPSR is an integral step in securing, protecting and enforcing a financial interest in property. However, the requirements…

It is common for builders and operators in the construction industry to utilise contractors to carry out specific trade skills such as concreting, plastering, bricklaying and plumbing. Business operators however, need to be cautious when ‘hiring’ skilled or other labour to ensure that they are not in breach of provisions of the Fair Work Act…

A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to administer your estate (your executor), nominate guardians for young children, determine who will receive your assets and give direction for specific funeral and burial arrangements. Without a Will, the finalisation…

Changes to the Personal Property Securities Act were enacted following the passing of the Personal Property Securities Amendment (PPS Leases) Act 2017 on 20 May 2017. The date is important and has many repercussions. What leases are affected by the changes? Any leases or bailments entered into after 20 May 2017 are subject to the…