Insights

Recent Changes To Employment Law

There have been various changes to employment law over the last 12 months, and further changes are currently being processed by the Federal parliament. The changes are designed to increase the rights of employees, and correspondingly limit the rights of employers, for example, by limiting the rights of employers: to enter into fixed term contracts with employees; to contact employees outside of normal work hours. Employers should therefore review their employment contracts to ensure they comply with the various changes....

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Merry Christmas and our best wishes for 2024

It has been another challenging year, primarily from an inflation, labour and supplies perspective, and with Covid still around in the background. We have assisted our clients to deal with this year’s challenges and remain committed to doing so in 2024. Our office will be closed for the Christmas break from 1.00pm on Thursday 21 December 2023, re-opening at 9.00am on Wednesday 10 January 2024. Our best wishes to you and your families for an enjoyable and relaxing Christmas and...

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Imminent changes to unfair contract terms regime

We have previously mentioned the changes to the law in respect of unfair contract terms which come into effect on 9 November 2023. The unfair contract terms provisions apply to a standard form contract (that is a template contract containing standard terms) if one of the parties to the contract is a small business, and the potential penalties for breach thereof are significant. Given that the changes are imminent, we recommend that businesses review their standard form contracts to ensure...

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Are Non-Disparagement Clauses Enforceable?

Non-Disparagement clauses are frequently used in settlement agreements, especially relating to employment disputes.  They are also sometimes used in other commercial contracts. Essentially such clauses are used to prevent either or both parties from making disparaging or negative comments about the other. There is a misconception in some circles that such clauses are unenforceable and can be ignored. The recent case of Network Ten v van Onselen shows that this is not the case and that such clauses will be...

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Protecting your brand names and branding

Brand names and branding are amongst the most valuable assets of your business.  They distinguish your business and your products from those of your competitors, and attract customers to your business. The most effective legal protection you can obtain for your brand name(s) and branding is by registering these as trade marks.  Such protection is relatively inexpensive, and prevents others from using your brand name(s) and branding in respect of the same or similar products or services. We are both...

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Penalties for Unfair Contract Terms

The Australian Consumer Law was amended in November 2022 to provide penalties for unfair contract terms in standard form and small business contracts.  Such terms have for some time been unlawful, but a court could not impose a penalty for such terms but simply void all or part of the contract containing the term. The penalties (maximum of $50 million for companies and 2.5 million for individuals) only come into effect on 9 November 2023.  Therefore businesses have been given...

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Do your contracts need updating?

The new year is always a good time to review one’s standard legal documents to ensure they are up to date with changes to the law and are fitfor purpose. There have been various changes to the law over the last couple of years (for example, to employment law), and other changes have been approved which will come into effect during the course of this year (for example, unfair contract terms). Businesses may therefore wish to review their employment and...

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Merry Christmas and our best wishes for 2023

It has been another challenging year both from a global and domestic perspective, and with Covid still being an issue.  We have assisted our clients to deal with this year’s challenges and remain committed to doing so in 2023. Our office will be closed for the Christmas break from 5.00pm on Thursday 22 December 2022, re-opening at 8.30am on Monday 16 January 2023. Our best wishes to you and your families for an enjoyable and relaxing Christmas and festive season....

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Discretion is the better part of valour

There have been a number of high profile cases in recent times which have caused us to wonder whether the parties would not have been better off finding a commercial resolution to their dispute, rather than go the court route.  If one takes into account the significant delay, legal costs, and unwanted publicity associated with legal proceedings, it is in our experience seldom worthwhile proceeding down this path. Alternative dispute resolution (“ADR”) is usually a better method of arriving at...

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Landmark High Court decision on BDBNs

The High Court has recently held that a binding death benefit nomination (BDBN) for a self-managed super fund (SMSF) can last indefinitely. However, it is important to review the SMSF trust deed prior to preparing the BDBN to ensure that the deed allows this, as the BDBN must comply with the requirements of the deed. Assuming the deed does allow this, the BDBN must be drafted to provide that it lasts indefinitely if that is what is intended. If you...

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