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Cost awards in unfair dismissal cases – part 4
This article examines the rare but possible situation in which an employee could be liable to pay the employer’s costs in an Application under the Fair Work Act 2009 (Cth). Find out more about this situation and the case of Ewan Chapman v Ignis Labs Pty Ltd t/a Ignis Labs [2021] FWCFB 932.
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The Modern Slavery Act 2018 (Cth) – explained
Australian businesses with annual consolidated revenue of AUD$100 million or more must now file a Modern Slavery Statement to the government’s online register, addressing modern slavery risks and due diligence/remediation processes. Lower revenue entities can also file voluntarily.
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Cost awards in unfair dismissal cases – part 3
This article looks at when costs orders can be imposed on a party to an unfair dismissal application, with an example of how costs orders can be imposed on a complainant employee.
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What are exclusive supply contracts?
The Court must consider whether the applicant has no other effective remedy, and if the information is sought for criminal proceedings, that there is a reasonable potential it will lead to conviction.
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Software royalties and income tax – explained
Discover how the Australian Taxation Office (ATO)’s draft Taxation Ruling 2021/D4 could affect your business. Learn more about the expanded scope of what is considered a royalty for income tax purposes and the potential tax implications.
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The Australian Cyber Law Map – overview
The Australian Cyber Law Map provides clarity on ever-changing legal landscape, covering commercial enterprises, cyber offences, infrastructure, international law, national security and personal rights. A source for understanding laws and providing safety/security in the digital age.
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Franchising Code amendments now in effect
The Department of Industry, Science, Energy and Resources proposed amendments to the Franchising Code of Conduct. These includes a broader Alternative Dispute Resolution process, a key facts sheet, extended cooling off period, limits on capital expenditure requirements and increased civil penalties for non-compliance.
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Cost awards in unfair dismissal cases – part 2
The case of Clair Petersen v Kizuri Capital Pty Ltd, Maycorp Pty Ltd and Cricklewood Capital Pty Ltd T/A Allpet Products [2021] FWC 526 highlights the importance of parties engaging meaningfully and reasonably throughout the unfair dismissal process. A costs order was made against an employer who ignored settlement offers, demonstrating that such behaviour can…
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Shareholder oppression – a taxonomy of corporate wrongs
This article examines the concept of shareholder oppression and provides examples of when the Court has found oppressive conduct, as well as when it has not. It also outlines the remedies the Court prefers when faced with oppressive conduct.
Commercial law
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