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What’s an unfair preference claim?
Understand the implications of unsecured debts, insolvent transactions, and unfair preference claims in the Corporations Act 2001 (Cth). Discover the defences available to protect against unfair preference claims and other related legal matters.
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Contracting with Minors – is it even possible?
In the innovation economy it is becoming more prevalent for individuals aged less than eighteen (18) years (Minors) to seek to build enterprises. From time to time we are asked to consider whether a client can contract with a Minor. The law in Australia[1] and Queensland[2] states that a Minor is someone who has yet…
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Changes affecting unfair dismissal and minimum wage
Employers should be aware of three changes to employment law that came into effect on 1 July 2016, which have a significant impact on employee rights, including the unfair dismissal high income threshold, maximum compensation for claims, and minimum wage.
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Terminating a contract with no set end date
In practice, we come across commercial agreements of varying types (Contracts) that, for whatever reason, don’t provide for a term or an end date (Expiry Date). There may have been reasons for this at the time that can no longer be recalled. It raises a number of issues, particularly where the subject matter of the…
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Letting go of employees threatening to go to the media
When employees leak confidential information or threaten to go to the media, employers can face serious consequences. Find out what the Fair Work Commission says about this issue and what options employers have to protect themselves.
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Can employers dismiss employees for failing to follow instructions?
When an employee fails to follow their employer’s instructions, the consequences can be serious. Learn about the steps employers must take before termination, and how to protect against unfair dismissal claims.
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Terminating an employee for serious misconduct
These tips include asset sale or share sale, intellectual property ownership, legal and accounting due diligence, change of control issues, restraint of trade clauses, key personnel, and more.
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Underpaying employees can have serious consequences
Employers have been accused of underpaying their employees and falsifying payroll records. Learn more about how the Fair Work Act 2009 (Cth) safeguards employees and how businesses can ensure they are compliant.
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Intellectual property theft and employee information theft
Leica Geosystems Pty Ltd v Koudstaal (No 3) [2014] FCA 1129 (Leica Geosystems) is a notable court case involving an Anton Piller order and employee theft. Find out more about what this means for companies and their intellectual property rights.
Employment law for employers
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