Latest publications
Commencement of the Civil Dispute Resolution Act 2011 (Cth) — News Alert
The federal government has announced that the Civil Dispute Resolution Act 2011 (Cth) will commence on 1 August 2011. The legislation imposes requirements for prospective litigants to take geniune steps to resolve a dispute before proceedings are commenced in the Federal Court or Federal Magistrates Court. For detailed information about these changes in…
What happens when divorce splits a business? — Six possible scenarios
In brief Many businesses are founded and run by a husband and wife team. What happens to the business if they divorce? The ‘clean break’ principle The Family Court’s position is that whenever possible, there should be a clean break between ex-spouses. This means a property settlement, with the combined asset pool being broken into two…
Casual employee lodges unfair dismissal claim after being sacked via a text message
In Brief Fair Work Australia (FWA) has sent a clear warning to employers thinking of dismissing their employees by text message, awarding a casual employee almost $10,000 compensation after she was summarily dismissed via a text message. Sedina Sokolovic v Modestie Fashion Australia Pty Ltd [2011] FWA 3063 Sedina Sokolovic was employed by Modestie Fashion Australia…
Astroturfing, social media and the law
In brief — If astroturfing misleads consumers, it breaches Australian Consumer Law “Astroturfing” refers to an orchestrated expression of support for a cause, whether a product, service or policy, designed to give the impression of a “grassroots” movement. If this practice misleads consumers, it breaches both the Australian Consumer Law and the Code…
Astroturfing, social media and the law
In brief — If astroturfing misleads consumers, it breaches Australian Consumer Law “Astroturfing” refers to an orchestrated expression of support for a cause, whether a product, service or policy, designed to give the impression of a “grassroots” movement. If this practice misleads consumers, it breaches both the Australian Consumer Law and the Code…
Can a tenant withdraw an exercise of an option under a lease?
In Brief A lease may contain an option for the tenant to enter into a new lease when the first term expires. This is known as an option lease. Generally if a tenant exercises the option in accordance with the terms of the option lease, the tenant will be bound by the new lease…
Delay in commencement of New South Wales “reasonable steps” legislation
In Brief On 8 September 2011, the New South Wales Parliament passed the Courts and Other Legislation Further Amendment Bill 2011 (Bill). The Bill will bring into effect a lengthy postponement of up to 18 months of new legislation, requiring parties to take reasonable steps to seek to resolve a dispute before court proceedings…
Are pre-marital assets treated differently to marital assets during property settlement?
In brief — How pre-marital assets are treated A pre-marital asset will be considered to be a contribution of the person who bought that asset into the marriage. Dividing the assets after separation After separation, the parties to a relationship are entitled to seek a division of assets of the relationship. The assets of the relationship include…
Employee succeeds in proving Unfair Dismissal but is left without a remedy
In Brief In an extraordinary decision, Fair Work Australia (FWA) has found an unfair dismissal despite the employer proving a valid reason for dismissal and compliance with the procedural justice requirements. In a further twist, the employee was left without a remedy. Mark Notman v Neway Transport [2011] FWA 5162 Mark Notman (Notman) was employed by…
PPSA terminology
In Brief The Personal Property Securities Act 2009 (PPSA) was due to come into force on 31 October 2011, however, the Commonwealth Attorney General’s department has now confirmed that this date is not achievable and it is now targeting a date before 1 February 2012. New terminology When it is implemented, the PPSA will…