News 2016

Counting the cost of outsourcing (part 1)

This is the first of a 3-part series on risks associated with offshoring personal information. In this series, we will discuss: an organisation’s obligations to protect personal information when offshoring office functions ...

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How geese have changed trade mark law

The Federal Court handed down a landmark decision in the trade mark dispute between the Wild Geese and Wild Turkey alcohol brands[1]. In doing so, it has changed the way trade mark law operates. Legal background Under section 92 of ...

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Play fair with small business

12 November 2016 is d-day! New unfair contract laws will commence in Australia extending the coverage of consumer protection to ‘standard form’ small business contracts. Business to business transactions will be significantly ...

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Mental health in the workplace – are you discriminating?

Australia recently marked World Mental Health Day, a campaign which raises community awareness about mental health issues. In support of this cause, we briefly highlight, in this blog, an Australian employer’s legal obligations to ...

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Chocolate is the answer – what’s the question?

Confectionery companies and chocolatier giants, Mars and Mondelez International, have been battling over the use of a lower case ‘m’ on Mars’ packaging of M&M’s. This long-standing court battle in Sweden recently came to a ...

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Top 10 tips to avoid an unfair dismissal claim

When is a dismissal unfair? Unfair dismissal is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner. In the case of small businesses unfair dismissals may occur where the dismissal was inconsistent ...

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Is my lease a retail lease?

Many of our clients ask us ‘Is my lease a retail lease?’ The answer isn’t always straightforward, so to lend some clarity, here are some key points both landlords and tenants should note. Acting up? In Victoria, retail leases ...

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That’s the price you pay

With the constant pressures of deadlines, supply orders, reporting, accounting requirements and profit margins (just to name a few), businesses can inadvertently fall foul of provisions of the Australian Consumer Law ...

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Retail leasing: do your homework

In Victoria, retail leases are governed by the Retail Leases Act 2003 (Act)1. A retail lease arises (subject to certain exceptions) when parties enter into a lease arrangement for a premises used wholly or predominantly for the retail ...

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Section 52 … why bother?

If you are a business owner and have ever thought about selling your business there is a good chance you’ve come across the term ‘Section 52’.  Now be honest…did your mind immediately start to wander? If this applies to ...

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