201502.13
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Why sole directors need to have a WIll

There are many difficulties that arise when any person dies without leaving a Will, but when the person is also a sole director and sole shareholder of a company the difficulties can be even greater. If a sole director who is also a sole shareholder has a Will, the executor or other personal representative appointed…

201501.30
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Protection of an employer’s confidential information

What happens if an employee leaves a company’s employ and takes documents belonging to his employer? Is the employer’s position protected? Employment contracts generally contain terms to the effect that the employee acknowledges and agrees that the company’s confidential information is, and remains at all times, the exclusive property of the company and that the…

201501.13
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Statutory demands in the recovery process

If a person refuses to pay a debt owed to you, recovery can be a slow and costly process. Whether the debt arose pursuant to a contract or in respect of goods delivered and services rendered, often litigation is the only way to compel payment. However, if the debtor is a corporation, there is another…

201412.15
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Resignation can be unfair dismissal

It may come as a surprise to an employer to receive an unfair dismissal application from an employee who has resigned. But, in certain circumstances, if an employee is forced to resign, the employee may be taken to have been constructively dismissed and bring an unfair dismissal application. When will an employee be constructively dismissed?…

201412.09
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Advertising Pitfalls

Advertising is a crucial part of any business, but do you know what practices are acceptable and what could constitute a breach of the Australian Consumer Law? We discuss a few of the common advertising pitfalls below. Special prices It is common for businesses to tempt customers into buying their products or using their services…

201406.19
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Pre-contractual Representations

Negotiations in the lead up to finalising a contract can be stressful. During negotiations a range of matters may be canvassed until an agreement is reached and there is usually great relief for both parties when the uncertainty is over. Or is it? Potential liability What was said during the negotiations leading up to an…

201406.19
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Privacy Act Amendments – Are You Compliant?

Although not all businesses are required to comply with the Privacy Act 1988, most businesses will have agreed to comply with it, and have a privacy policy which has been prepared based on the provisions of the Privacy Act. The Privacy Amendment (Enhancing Privacy Protection) Act 2012 has introduced significant amendments to the Privacy Act….

201406.19
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Potential Advertising Risks

The recent Federal Court decision of Specsavers Pty Ltd v Luxottica Retail Australia Pty Ltd illustrates the potential legal risks of businesses advertising their products or services as being “superior or improved” compared to those of their competitors. This case centred on Luxottica’s (“OPSM”) advertising campaign for its new Accufit system which commenced in February…

201406.04
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Contaminated Sites Act

The Contaminated Sites Act 2003 (WA) (“the Act”) commenced on 1 December 2006. The Act operates retrospectively in that it not only applies to land which was contaminated on 1 December 2006, but also prior to that date, if the land was contaminated without lawful authority. The Act is based on the “polluter pays” principle….