Latest publications
Am I liable for misleading information supplied by someone else?
In brief The Australian Consumer Law prohibits misleading or deceptive conduct and false or misleading representations. But can you escape liability if you merely pass on misleading information provided by someone else? The conduit principle Generally, an intermediary that innocently passes on misinformation may not be held liable for misleading or deceptive…
Ashley who? — The Ashley Madison leak and the potential impact on families
In brief If you aren’t on the Ashley Madison database, at first blush the leak may seem exciting and an opportunity to see what’s been going on in other people’s lives, even better still if it’s people you know. But for those on the database its potential impact is far…
Can you sack a worker by text message?
In brief Hutchison Ports’ recent dismissal of nearly 100 of its employees by a midnight text message has made headlines around Australia. It has also sparked outrage and huge protests amongst its workforce. This article looks at some of the issues arising from this communication style when it comes to terminating employment. The…
Social Responsibility Series — B Corps: The “B” is for “Benefit”
In brief Benefit Corporations are a relatively new and exciting expression of social responsibility mixing with competitive edge in business. In this first of the Social Responsibility Series, Euge Power, solicitor at Swaab Attorneys, shows you how business can be geared towards social responsibility for real, not just for PR. Benefit Corporations…
It’s all in the timing
In brief You have heard it a thousand times before “Words once spoken can never be recalled.” When relationships come to an end, both parties often race to find a lawyer and stake their claim. I highly recommend caution in this approach. The facts In my experience it may do more harm than good…
When can employees behave badly and get away with it?
In brief One of the challenges for any employer is to manage workforce events such that the employees get to relax and have a good time – without offending, upsetting or harassing their colleagues. One of the key culprits in this process is the obligatory office Christmas party. What happens when staff…
A statutory will can stop a murderer But can it stop your creditors and the tax man?
In brief On 13 February 2005, Maria Korp was found unconscious in the boot of her car in suburban Victoria. Her husband Joseph and his mistress were almost immediately charged with her attempted murder. Whilst Maria was in a coma, her daughter applied successfully to the Victorian Supreme Court for a new…
Can I write an article about my business competitor?
In Brief In the course of doing business, you are not allowed to engage in misleading or deceptive conduct. But what if you utilise your personal expertise and experience to make general comments about your industry – for instance, by publishing an article in a trade magazine, or delivering a public lecture…
My child is off the rails, can my will protect them?
In Brief A very rich person should leave his kids enough to do anything but not enough to do nothing… Whilst very few people could match Warren Buffett’s bank balance, almost everyone would share his sentiment. We all want to give our children every advantage possible, whilst at the same time…
When a choice is not a choice
In Brief As a business owner you can choose whether or not to pay staff bonuses, right? “Discretionary” means … well … discretionary – doesn’t it? Not always says the Federal Court in the recent case of Russo v Westpac. In that case, the court ordered Mr Russo’s employer to pay a discretionary bonus…