Legal Articles
employee using facebook

It is a reality of the modern day workplace that employees of a business will use social media sites on a fairly regular basis. It is easy to imagine the potential reputational damage your business may suffer should an inappropriate photo or article end up on a publicly accessible social media profile. There are also other negative repercussions any inappropriate use of social media may create. As such, how can you protect your business against the possibility that current or former employees might upload content on the internet that refers either directly or implicitly to your business or brand? The… Continue Reading

Business man

The Australian Government introduced draft legislation in October 2018 to modernise the Australian business registers and to provide a legal framework for director identification numbers (DIN).  Who is affected? You are required to apply for a DIN: • Within 28 days of being appointed as an eligible officer; or • Within 15 months if you are already an existing eligible officer; or • Within 28 days if you are directed to do so by the Registrar. An eligible officer includes a director of a company, or of a body corporate that is a registered Australian body or registered foreign company… Continue Reading

Airbnb insurance: Are you covered?

Airbnb Insurance: Are You Covered? Just last month, a fatal accident at an Airbnb on the Sunshine Coast called into question the liability of Airbnb hosts in the context of emergency situations involving guests. On the basis that listing a property with Airbnb effectively classifies the property as a business, there are a variety of regulatory, insurance and workplace health and safety factors that should be taken into consideration by hosts and consumers alike. Insurance Standard home insurance packages do not accommodate for commercial businesses and the unique risks and liabilities that attach to them. Hosts relying on their home… Continue Reading

Labour Hire in QLD

The Labour Hire Licensing Act 2017 (Qld) (‘the Act’), which was passed in late 2017, came into effect in April this year. The Act imposes strict licensing requirements on various parties to labour hire services in Queensland. According to Labour Hire Licensing Queensland, ‘the scheme aims to protect labour hire workers from exploitation, and ensure rights are upheld.’ Labour hire providers; or those parties who provide labour hire services to other parties, are subject to a mandatory licensing scheme and face severe penalties under the new legislation for non-compliance.Labour hire users; or those parties who contract, employ or otherwise use… Continue Reading

Sham Contracting

Online food delivery competitor Foodora has been accused of sham contracting its own employees and now faces legal action launched by Australia’s Fair Work Ombudsman. As business opportunities increase in Australia more employers turn to flexible and intuitive ways to cut costs and maximise profits, which can sometimes lead to cutting corners and the underpayment of employees. It is important for an employer to enter into valid employment contracts with its employees, as it will assist them in avoiding the risk of being accused of sham contracting. What is Sham Contracting? Sham Contracting is an illegal method of employment under… Continue Reading

Retail Lease Assignment Changes

Changes Under The Retail Shop Leases Act Are you fully aware of your disclosure obligations under the Retail Shop Leases Act 1994? If you are buying or selling a retail business with a lease, or if you are a landlord involved in such a transaction, it’s important that you are aware of your disclosure responsibilities under the Retail Shop Leases Act 1994 (the Act). There have been recent changes to the Act so even if you are familiar, this article is a good opportunity to refresh your knowledge. As a starting point, it may be helpful to review the meaning… Continue Reading

Retail Shop Lease Changes

Are you a landlord or a tenant under a Retail Shop Lease? There have been some changes to the law that you need to be aware of. After a comprehensive process beginning in 2011, the latest amendments to the Retail Shop Leases Act 1994 (“the Act”) have been passed into law. A short summary of the changes is as follows: Disclosure Obligations Landlords must now give any tenant who exercises its option a lessor disclosure statement within 7 days of a tenant exercising their option. If the landlord fails to comply with this obligation, the tenant will have the right… Continue Reading

contract

From Saturday 12 November 2016, unfair contract term protections will extend to ‘small businesses’ under a new law. The new law established under the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) aims to protect small businesses with contracts that contain unfair terms entered into or renewed on or after 12 November 2016, or terms of existing contracts that are varied on or after this date. Why do I need to know this? If you have a ‘small business’, the new regime will apply to your contracts that contain unfair terms (and are found to be… Continue Reading

commercial lease

A question which is often asked when parties enter into a commercial lease is whether the lease should be registered on title to the property. This article summarises the advantages and disadvantages associated with registration of leases. Advantages of Commercial Lease Registration The principal benefit of registration of a commercial lease is, it provides the tenant “indefeasible” possession to the premises pursuant to law and in accordance with the terms of the lease. What this means is that the tenant’s interest in the premises will be protected from events which may affect title to the property, such as if the… Continue Reading

Arty Scales of Justice

The conduct of court litigation to achieve effective outcomes for a client is an art born out of experience and a proper understanding of the limitations of the court process.  Any seasoned litigator will be able to relate tales of “winning the unwinnable” case and losing what was believed to be the “unloseable case” because of the unpredictable manner in which such disputes can unfold. Some of the factors contributing to the inherent uncertainty in litigation can be: The ability of a client to perform well in the witness box and convey their evidence to the court in a clear and… Continue Reading

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