Every business has a trade mark, be it a name, logo, shape, colour, sound or scent, which distinguishes the business from its competitors. Think of the Apple trade mark, the Nike sign and slogan, the shape of the Coca Cola bottle, a perfume scent. The list is endless. The best way to obtain legal protection…
Ensure the Will is up to date before a loved one loses capacity
The question of mental capacity is an important consideration in will-making and can be a contentious issue. How often do we hear family members arguing over a loved-one’s ‘state-of-mind’ and ‘what Grandad would have wanted’ when sadly, his memory and ability to make reasonable decisions comes into question. This may be due simply to age,…
Does bullying exist in your boardroom?
Boardrooms are often the place of heated debate over a range of matters affecting the operations of an organisation. Vigorous discussion that airs all possibilities can sometimes be beneficial (and necessary) when making critical decisions which will ultimately determine the future direction of a corporation. It is not unusual for egos to be tested and…
Can an employee’s knowledge be attributed to the company?
Commonwealth Bank of Australia v Kojic [2016] FCAFC 186 considered whether the conduct of two bank employees could be ‘aggregated’ to bring a finding of unconscionable conduct on the part of the bank under the (previous) Trade Practices Act 1974. The case was an appeal from the earlier decision (Kojic v Commonwealth Bank of Australia…
Unfair dismissal at the end of a fixed term contract
Fixed-term employment contracts are common in many workplaces. Understandably, most employers consider they would be protected from an unfair dismissal claim once the term ends. However, in Saeid Khayam v Navitas English Pty Ltd t/a Navitas English (‘Navitas’) [2017] FWCFB 5162 the Full Bench of the Fair Work Commission found that an employee may have…
Disputes and the Australian Taxation Office
Given the complexity of the taxation regime and the requirement for taxpayers to initially self-assess their liabilities, disputes between taxpayers and the Australian Taxation Office (ATO) will inevitably arise from time to time. If you disagree with a decision that the ATO has made about your tax affairs, you have the right to have it…
Understanding a company charge and the PPSA
Essentially, a company charge is a security interest held by a lender over the personal property of a company. The charge is given by the company (the chargor) to the lender (the chargee) to secure payment of a debt or obligation. A charge does not give the lender a legal interest in the property by…
Minimising directors’ liability – deeds of insurance, access and indemnity
Company directors have many responsibilities when carrying out their duties. Generally, company directors and officers are not personally liable for a company’s debts. Certain circumstances however can arise where directors may find themselves facing legal or other regulatory action exposing them to personal liability. Generally, the more complex the role, the greater the risk. In…
Alternative Dispute Resolution Explained
Litigation can be a costly and time-consuming process and parties are increasingly seeking alternative forms of resolving disputes. This article provides an overview of the main types of alternative dispute resolution (ADR) options and their respective benefits and limitations. What is ADR? The term ADR is used to describe dispute resolution processes that do not…
Interview questions you can’t ask
An employer’s potential liability for workplace discrimination arises before the first interview and exists whether or not a decision is made to hire a person. A job interview is integral to the recruitment process and provides an opportunity for the employer to ask questions, check credentials and determine a prospective employee’s suitability for a position….