Commercial law

  • Productivity Commission publish report on the Workplace Relations Framework

    Productivity Commission publish report on the Workplace Relations Framework

    The Productivity Commission has released a draft report on the workplace relations framework, with suggestions that could affect penalty rates, minimum wages, and unfair dismissal. Learn more about the proposed changes and have your say.

  • Federal government proposes new crowdfunding regulations

    Federal government proposes new crowdfunding regulations

    Treasury releases consultation paper on Camps, Sports and Excursions Fund (CSEF) for public companies, part of 2015-16 budget package. Restrictions and exemptions outlined, with comments due by August 31. Further details to be released later in year.

  • How not to terminate for non-payment

    How not to terminate for non-payment

    A telecommunications carrier was held liable for almost $1.5M in damages for terminating a contract without scrupulously following the contractual process. In Lime Telecom Pty Ltd v Powertel Limited [No 1] [2008] NSWSC 324, the carrier refused to accept payment.

  • Fighting general protections claims

    Fighting general protections claims

    This article provides an overview of the general protections claims process and outlines key tips for employers to help them discharge the onus of proof. It covers the importance of preparing evidence and the evidence of the key decision-makers.

  • Ownership of employee inventions – disputing ownership of patents

    Ownership of employee inventions – disputing ownership of patents

    Section 35(6) of the Copyright Act 1968 (Cth) establishes a general rule that an employer will own the copyright in many types of works if they were created by an employee or apprentice, in the course of their employment. Unfortunately, there is no such legislative equivalent in the Patents Act 1990 (Cth) (Act). The absence…

  • Failure to redeem – default on redeemable preference shares

    Failure to redeem – default on redeemable preference shares

    This article examines the legal issues surrounding Redeemable Preference Shares (REDP’s) and the consequences of a failure to redeem them. The remedies available to aggrieved shareholders are explored.

  • Why employers require a drug and alcohol policy

    Why employers require a drug and alcohol policy

    Employers need to draft and implement a drug and alcohol policy to protect workers and the business from the risks associated with drug and alcohol use. This article outlines the importance of such a policy.

  • Does a franchise system require registration?

    Does a franchise system require registration?

    This article provides an overview of the legal requirements for franchisors in Australia. Contrary to popular belief, there is no requirement to register a franchise system in the Code, meaning a franchise does not need to be ‘registered’ in Australia.

  • Franchisors’ end of term arrangements – valuation of goodwill versus risk of competition

    Franchisors’ end of term arrangements – valuation of goodwill versus risk of competition

    Section 23 of the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth) (Code) limits Franchisors in their ability to include restraint of trade clauses in Franchise Agreements, protecting Franchisees if the Agreement is not renewed. Franchisors must be aware of the implications of this Regulation when deciding not to renew an Agreement.

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