Latest publications
Benefits and pitfalls of social media for your business — do you have the right policies in place?
In brief — Increasing use of social media Social media is being used increasingly, not only by individuals personally, but also by people who wish to promote their businesses and themselves in a professional or business capacity. Social media can be a powerful tool for achieving these ends. Difficulty of corporate control over social media…
Do you provide credit in your business? Under the new rules you may need a Credit Licence
In brief — New credit licensing régime in Australia If you engage in credit activities for the first time from 1 July 2010, you will generally need an Australian Credit Licence or an authorisation from a licensee before commencing business. Businesses involved in credit related activities for personal, household or domestic purposes should…
Equal opportunity for women in the workplace — reporting obligations of employers
In brief — Importance of compliance with EOWA Act The federal government is serious about promoting equal opportunity for women in the workplace. Employers need to comply with the Equal Opportunity for Women in the Workplace Act 1999 (EOWA Act). Renewed focus on equal opportunity The highly publicised sexual harassment dispute involving…
New laws governing public access to share registers aimed at unsolicited share offers
In brief — Restricted access aimed at unsolicited share offers The government recently brought into force new laws regulating access to share registers. Although aimed primarily at unsolicited share offers, the Corporations Amendment (No 1) Act 2010 restricts access to registers for a far wider range of users. How the Act works Previously any…
New Australian Consumer Law guarantees — what do they mean for your business?
In brief – Expansion of consumer rights On 1 January 2011, the Competition and Consumer Act 2011 replaced the Trade Practices Act (TPA). The consumer protection provisions are now part of the new Australian Consumer Law (ACL), a schedule to the Act. This new law now encompasses the consumer protection provisions that were…
When are you liable for third party postings about your business on a social networking site?
In brief – Companies can be held responsible for statements by third parties On 10 February 2011, the Federal Court of Australia handed down judgment in contempt proceedings that may have significant implications for businesses which use social media to market themselves. The Court held that a company and its sole director…
Privacy Commissioner finds privacy breach by Vodafone
In brief – Vodafone in breach of NPP 4.1 The Privacy Commissioner has handed down a report which has important implications for any business that stores personal information, particularly where shared logins are used to access data, and provides some guidance on what is required in order to meet the obligations…
James Hardie directors free to re-enter boardrooms
In brief — Court of Appeal overturns decision in James Hardie case On 17 December 2010 the NSW Court of Appeal overturned the 2009 Supreme Court decision which found the directors of James Hardie to be in breach of their duties. James Hardie directors in the Supreme Court In April 2009, the Supreme…
Termination of employees for breach of drug & alcohol policies
In brief – FWA takes breaches seriously The promotion of safety in the workplace is an issue taken seriously by Fair Work Australia (FWA) which has consistently supported employers in terminating employees who breach their drug and alcohol policies. Termination of employees for breaches of drug and alcohol policies In unfair dismissal applications…
Preserving your business through restraint of trade clauses
In brief – Employee contracts need confidentiality and restraint of trade clauses The value of a business is typically measured by its goodwill, assets and ability to retain staff. In order to preserve and protect this value, it is important that employers include suitable confidentiality and restraint of trade clauses in their…