Given the often limited resources available to small businesses, it can be difficult to keep informed about the myriad of legal obligations with which they must comply. Under section 23 of the Australian Consumer Law (ACL), businesses must ensure that they comply with the obligation not to impose “unfair contractual terms” on consumers. [Read more…]
Archives for December 2015
Unfair contract terms, small businesses and changes to the Australian Consumer Law
15 December 2015 by
Terminating employees that threaten to approach the media
3 December 2015 by
Disgruntled employees (or ex-employees) can cause employers unnecessary grief, particularly when an employee threatens to approach the media and ‘leak’ information in a bid to publicly tarnish the name of the employer. [Read more…]
Satisfying the evidentiary burden for a search order
2 December 2015 by
An Anton Piller Order is usually made without the presence of the respondent (ex parte) and consequently the Courts require the satisfaction of a high evidential threshold before granting orders of this nature. They are usually made in intellectual property cases but their utility extends to employment matters involving breach of confidence, both equitable and contractual, as well as other breaches of contract.[1] [Read more…]
