Latest publications
Protect yourself with a Confidentiality Agreement
In Brief One of the first considerations with any type of new venture is how to protect your business, valuable idea or concept if you need to disclose it to others. When is a confidentiality agreement needed? If you need to disclose your valuable business information or ideas to a potential partner, adviser or investor…
Transport & Logistics — 2012 Mid-Year Round-Up and Outlook
In Brief Our Transport & Logistics Team’s round-up highlights developments in transport regulation that affect everyone, including the proposed implementation of uniform ‘chain of responsibility’ laws nationally and the controversial new ‘safe rates’ legislation. We are half way through 2012 and it remains a busy agenda for transport and logistics regulators and enforcers…
Think twice before dismissing employees on Workers’ Compensation
In Brief Employers seeking to terminate an employee on Workers’ Compensation within the probationary period should take note of a recent decision of Fair Work Australia which clarifies how an employee’s period of continuous service is calculated, and highlights the legal obstacles involved in terminating their employment. How frustrating is it when an…
Publishing winding up notices — avoiding duplication of costs
In Brief Changes to the way most corporate insolvency notices have to be published came into effect on 1 July 2012. The Supreme Court of New South Wales has provided some guidance about how parties can avoid the cost of having to publish notice of any application to wind up a company on…
Redundancy
Introduction Many employers struggle with issues around redundancy. For example, when and if they can make a person redundant and if so, how much is it going to cost them? A context in which the issue of redundancy frequently crops up is, when a business is sold and a new owner offers jobs to the…
Open for Registration of Interest… PPSA — The Ups and Downs of Transition
Pre- and post-PPSA interests. Out with the old? Not quite. It’s now just over four months since the commencement of the Personal Property Securities Act (PPSA) and we are starting to see some interesting outcomes that highlight the importance of considering whether you should be registering certain security interests, and the…
Enforcing Trade Restraints — Two year restraint can be reasonable
Introduction Employers commonly include restraint of trade clauses in contracts of employment to seek to protect themselves from their employees poaching their clients or staff, or for working for a competitor. At common law, restraints are contrary to public policy and are therefore prima facie void, unless they can be shown…
New National Business Names Register — Do I need to do anything?
A New System A new national business names registration service commenced on 28 May 2012. The new service replaces the previous State and Territory systems and is administered and managed by the Australian Securities Investments Commission. The national system is designed to reduce red tape, save time and cut costs for Australian…
Some caveats may compromise a mortgagee power of sale
In Brief Some caveats registered on the title to real property can create obstacles to the conveyancing process in a mortgagee power of sale, even if the caveat is registered subsequent to the mortgage under which the mortgagee is exercising its power of sale. Generally, a caveat freezes the Register, preserving the status quo. …
Changes to insolvency notices publication requirements
In Brief The Australian Securities and Investments Commission (ASIC) has announced that changes to the way most corporate insolvency notices need to be published, will come into effect on 1 July 2012. The changes will mean that under the Corporations Act 2001 (Cth) most insolvency notices will need to be published on…