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Arbitration clauses in building disputes
The QCAT decision of 4D Electrical Qld v Greyburn Pty Ltd [2020] QCAT 74 shows arbitration can be a more efficient alternative to Court/tribunal litigation. Courts uphold contractual obligations agreed to by parties, proving arbitration is a viable option.
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Particulars – their importance in civil litigation
This article provides an overview of the Federal Court’s rules and procedures for preliminary discovery, which allows potential applicants to determine if there is a good cause of action before filing a claim. Learn how to navigate the process and understand the Court’s expectations.
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COVID-19 relief measures for companies
The Federal Government has passed a package of temporary measures to support businesses and relieve financial distress during the COVID-19 pandemic. Find out how these measures could affect your business and what you need to know.
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$750k awarded for fake online reviews
The Supreme Court of South Australia awarded $A750,000 in damages to a lawyer in the case of Cheng v Lok [2020] SASC 14, demonstrating the serious consequences of posting fake reviews online. Find out more about the implications of this case and alternative legal actions for companies that receive negative reviews.
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Standing down employees – when can it be done?
This article provides an overview of the legal framework around standing down employees without pay. It examines the Fair Work Act 2009 (Cth) and relevant case law, and emphasises the importance of consulting with employees and exploring alternative arrangements.
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Adaptations and computer code – copyright issues
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…
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Australian court orders Google to unmask reviewer
The case of Kabbabe v Google LLC [2020] FCA 126 has major implications for businesses and online reviewers alike. Learn more about the Court’s decision and what it means for anonymous online reviews by reading the full article.
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What are sophisticated investors?
This article provides an overview of the requirements for a person to be a sophisticated investor under the Corporations Act 2001 (Cth) and the Corporations Regulations 2001 (Cth). It covers the definition of ‘person’, the Assets Test and Income Test, Australian Securities and Investments Commission (ASIC) guidance, and the complexities of self-managed super funds.
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QBCC Home Warranty Insurance Claims – pt 2
Understand your rights and responsibilities when engaging a contractor and how to protect yourself against a potential building dispute. Learn more about the Queensland Building and Construction Commission (QBCC) Home Warranty Insurance scheme, including when coverage begins and ends, the premium amount, the type of claims covered, and the monetary cap on claims.
