Standing down employees – when can it be done?

Standing down employees without pay would seem a logical response to the current COVID-19 crisis.  Employers must first recognise that during the COVID-19 public health pandemic normal workplace laws continue to apply. [Read more…]

Adaptions, computer code and copyright

An adaption in copyright is the exclusive right of the owner of the work in question.  Section 10 of the Copyright Act 1968 (Cth) (Act) defines adaption as it relates to literary works in dramatic and non-dramatic forms, in a computer program and in relation to a musical work.   The rights that apply to adaptions in different separate classes of literary works differ according to the respective category in question. [Read more…]

Aussie Court orders Google to unmask reviewer

Online reviews are crucial to most business’ online presence.  While some reviewers openly share their identity along with their comments, many choose to remain anonymous.  In the case of false, misleading or defamatory online reviews, this can create a host of issues for businesses seeking to remove the review or commence legal proceedings against a reviewer.  This was evident in the recent case of Kabbabe v Google LLC [2020] FCA 126. [Read more…]

Sophisticated investors: precisely what are they?

Section 708 of the Corporations Act 2001 (Cth) (Act) contains what’s known as the small scale offerings exception to the obligation to issue a disclosure document.  This is more commonly known as the “20/12 rule”.  Subsection 708(8) provides an exception to ‘sophisticated investors’ where a qualified accountant provides a certificate dated not more than 6 months before the date that the offer (of securities) is made attesting that the person is ‘sophisticated’. [Read more…]

QBCC Home Warranty Insurance Claims – part 2

Part 5 of the Queensland Building and Construction Commission Act 1991 (the Act) establishes a statutory insurance scheme, the purpose of which is in certain situations to provide basic assistance to consumers of residential construction work for loss associated with work that is defective or not completed. [Read more…]

BIF payment claims and the QBCC ACT – part 1

Two of the most important pieces of Queensland legislation impacting upon the building and construction industry are the Queensland Building and Construction Commission Act 1991 (QBCC Act) and the Building Industry Fairness (Security of Payment) Act 2017 (BIF). [Read more…]

Data breaches: what exactly is serious harm?

The Notifiable Data Breaches Scheme applies to entities (APP Entities) that are required to protect personal information pursuant to the Australian Privacy Act 1988 (Cth) (Act)The Act provides that where an eligible data breach (EDB) occurs, APP Entities in control of that information must notify the Office of the Australian Information Commissioner (OAIC) and the individuals who are affected by the EDB. [Read more…]

New Fair Work information statement

In December 2019, the Fair Work Ombudsman updated the Fair Work Information Statement (FWIS).  The new FWIS sets out information for businesses about the conditions of employment for new employees.  Businesses must issue a copy of the FWIS to all new employees before, or as soon as possible after, they commence employment.  This article discusses the FWIS key changes for 2020. [Read more…]

Insolvent trading – prison for former Kleenmaid director

Founded in 1980, whitegoods importer and distributor Kleenmaid (Company) fell into administration in 2009 with debts amounting to approximately $96 million, including $26 million in customer deposits that had been paid for appliances yet to be delivered.  After an extensive investigation and 59-day trial by the Australian Securities and Investment Commission (ASIC), founder and former director Mr. Andrew Young (Mr. Young) was sentenced to nine years in jail for offences arising from the Company’s collapse. [Read more…]

What happens if you betray a Scotsman?

Fans of the movie 1995 movie “Braveheart” starring Mel Gibson would be aware of the savage brutality of the ‘Guardian of the Realm’, Sir William Wallace in seeking vengeance from his oppressors and those who ‘broke their promise‘ to support him in battle. [Read more…]

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