Article written by Keypoint Law Consulting Principal, Andrea Beatty, and Associate, Jack McIntosh; as published in the LexisNexis Financial Services Newsletter 2016, Vol 15, No. 5 Unfair Contract Terms - analysis and toolkit From 12 November 2016, the Unfair Contract Terms Law (UCTL) that provides protections for consumers will be extended to include standard form small business contracts (SFSBCs).
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NSW Strata Title Reform – the new statutory liability for strata committee members – will it affect your insurance?
In the second half of 2016, the reforms to Strata title laws will come into force in New South Wales. These include new statutory duties laid upon members of the executive committee of a strata plan.
16 Jun 2016
This article is part of a series on the new reforms to Strata Title legislation in NSW, the most far-reaching reform to take place since the commencement of strata title in 1961. Most provisions of the Strata Schemes Development Act 2015 (NSW) and Strata Schemes Management Act 2015 (NSW) will commence on 1 July 2016.
8 Jun 2016
It is astounding that so often we have discussions with both corporate and individual clients, and when we enquire what Modern Awards apply in their business or cover their employment, they either answer that they don’t have any as all employees are paid above award rates, or they just do not know. Modern Awards cover a vast number of employees across almost all areas of work. It is most unlikely that all an employers’ employees are award free, unless they have an enterprise agreement or other industrial agreement in place that overrides and displaces the operation of a Modern Award.
23 May 2016
Many people believe that if they do not have a written employment contract, they are not bound by a contract with their employer at all. This is a common mistake, as an employment contract exists whether written or not, the moment the employer and employee agree on terms of employment. The contract terms can be either express, that is written or verbally agreed, or implied by law, or a combination of both.
23 May 2016
A businessman handed over control of his companies’ assets after a gang-bashing and threats to his wife and children. He did not report the attacks or the theft to the police. Yet he was afterwards able to recover assets from an innocent third party who had bought them from the extortioner in good faith. This appellate decision clarifies an important point about the exception in section 26 of the Sale of Goods Act 1923 (NSW). This exception is also part of the law of the United Kingdom, as well as of other Australian States and Territories. Its terms are set out below. The decision reinforces the need to check the bona fides and authority of anyone selling large company assets, such as construction plant and equipment.
20 May 2016
Going viral on the web can be great for bloggers, Instagrammers, Tweeters and Facebook users, but what happens when an employee posts a “status”, “hashtag” or uploads content that is potentially offensive, intimidating or injurious to the reputation of their employer.
10 Apr 2016
Under Part 6-4B of the Fair Work Act 2009 (Cth) (“Act”) the Fair Work Commission (“Commission”) has the power to make a “stop bulling order” when a worker has been bullied at work, unless the alleged bullying conduct amounts to “reasonable management action” carried out in a “reasonable manner”.
21 Mar 2016
In the last few weeks we have appeared in numerous unfair dismissal matters. The level of activity in this jurisdiction is not unusual given that in the period between October to December 2015 the Fair Work Commission received a total of 3636 unfair dismissal applications. Why is this jurisdiction so popular?
16 Mar 2016
Many of my clients tell me that they just want to terminate the employment of a troublesome employee and they do not want the hassle of a long drawn out process they believe is required to ensure the employee cannot bring an unfair dismissal claim. I often hear the refrain that it is “impossible to terminate employees in Australia”.
29 Feb 2016