November 6, 2019

Can an employee’s knowledge be attributed to the company?

Can an employee’s knowledge be attributed to the company? Commonwealth Bank of Australia v Kojic [2016] FCAFC 186 considered whether the conduct of two bank employees could be ‘aggregated’ to bring a finding of unconscionable conduct on the part of the bank under the (previous) Trade Practices Act 1974. The […]
November 6, 2019

Disputes and the Australian Taxation Office

Disputes and the Australian Taxation Office Given the complexity of the taxation regime and the requirement for taxpayers to initially self-assess their liabilities, disputes between taxpayers and the Australian Taxation Office (ATO) will inevitably arise from time to time. If you disagree with a decision that the ATO has made […]
November 6, 2019

The risks in referring to unattached documents in an agreement

The risks in referring to unattached documents in an agreement It is not unheard of for parties to an agreement to refer, in the agreement itself, to additional documents. These additional documents are sometimes, although regrettably, not always annexed or attached to the actual agreement. In adopting this course of […]
July 31, 2019

Interview questions you can’t ask

Interview questions you can’t ask An employer’s potential liability for workplace discrimination arises before the first interview and exists whether or not a decision is made to hire a person. A job interview is integral to the recruitment process and provides an opportunity for the employer to ask questions, check […]
June 18, 2019

Social media and the workplace – employees take care

Social media and the workplace – employees take care We live in an age characterised by a rise in the use of social media – Twitter, Facebook, Instagram, LinkedIn, Snapchat and the like. With that rise has come a large increase in the number of cases involving employees making comments […]
June 18, 2019

Does your business have a Will?

Does your business have a Will? Most people recognise the importance of having a Will to determine how their estate is distributed when they pass. If you are self-employed, a partner or co-director, having a ‘Will’ or succession plan for your business is equally important. Think about what may happen […]
June 18, 2019

Everyone is talking about ‘corporate governance’…. But what does this actually mean?

Everyone is talking about ‘corporate governance’…. But what does this actually mean? In recent times the term ‘corporate governance’, and the increasingly popular ‘good corporate governance’, appear to be regular topics of discussion both in the media and the general population. These terms are routinely used when considering the actions […]
May 1, 2019
ASIC Section 19 Notice What To Do

Are you a director and ASIC wants to meet?

Are you a director and ASIC wants to meet? The Australian Securities and Investment Commission (ASIC) is the Government body appointed to regulate corporations, managed investment schemes and those involved in the financial services and credit industries. The breadth of ASIC’s regulatory powers is evident in the Australian Securities and […]
May 1, 2019

Understanding Unfair Dismissal Claims

Understanding Unfair Dismissal Claims Unfair dismissal matters can be complex and frustrating for both employers and employees alike.  Since the commencement of the Fair Work Act in 2009, employers have had expanded responsibilities to ensure they correctly terminate employees and more employees are able to successfully make unfair dismissal claims. […]
May 1, 2019

Business Structures: Partnership

Business Structures: Partnership When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. In Australia, there are 4 common business structures – sole trader, partnership, trust and company. Different business structures have different benefits and disadvantages. This article looks […]
March 26, 2019

Termination by Electronic Media – Pitfalls and Best Practice

Termination by Electronic Media – Pitfalls and Best Practice The rise in the use of technology means the way we can communicate with each other in our personal and working lives has expanded, almost beyond belief. The ways in which termination of employment can occur have also expanded, but is […]
March 26, 2019

A Franchise Agreement explained

A Franchise Agreement explained Since the early 1970’s buying and operating a franchise business has become an increasingly popular way for many Australians to own and operate their own business. Initially franchising in Australia almost always involved a foreign parent company or brand. However, today the majority of franchise businesses […]