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PrivacySports Law

Through to the keeper: Do you know your sporting organisation’s privacy obligations?

Despite being 30 years old, organisations can still be confused about their obligations under the Privacy Act 1988 (Cth) (Privacy Act). Whether the Privacy Act even applies …

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Diversity & InclusionEmployment

Employers Obligations and Job Applicants

Metro North Hospital and Health Service has been ordered to pay former Queensland Assistant Health Minister Dr Christopher Davis, $1.45 million for a contravention of …

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Employment

Reinstatement Orders After Dismissal

The Fair Work Commission has ordered the reinstatement of a teacher terminated by her employer, after the teacher gave a child with allergies a chocolate.  …

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Property

Tips for Buying Off-the-Plan Property

Problems with property development have been a hot topic the last six months, and an issue we do not expect will go away anytime soon.  …

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CommercialCorporate Governance

Culture and Corporate Governance

It would be remiss of us to not mention the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, which has consumed …

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GovernmentLitigation & Dispute ResolutionProperty

ACTPLA loses bid to revoke development approval

The ACT Planning and Land Authority has lost a case in the ACT Supreme Court where the Applicant, Capital Recycling Solutions, sought an order that …

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Corporate GovernanceEmploymentNot-for-Profit

ACNC Governance Standard 4 – Suitability of Responsible Persons

A “Responsible Person” is a person that is responsible for governing a charity, for example a member of the board or committee or trustee of …

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Sports Law

Sport Integrity Australia – A New and Unified Approach to Tackling Threats to Australian Sport

The Federal Government has recently established a national sports integrity commission to act as a single platform for coordinating Australia’s response to sport integrity threats …

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Intellectual PropertyPrivacy

Safer Internet Day 2019

Griffin Legal is a proud supporter of Safe Internet Day. From cyberbullying to social networking, each year Safer Internet Day aims to raise awareness of …

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CommercialGovernment

Secure Local Jobs Code – Code Certificates

The Secure Local Jobs Code commenced on 15 January 2019. The Code applies to those in construction, cleaning, security and traffic management services undertaking or …

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Employment

Flexible Working Arrangements – Changes Commencing 1 December 2018

If you employ staff under Modern Awards you should read this article as there are important changes coming into effect on 1 December 2018 as …

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Privacy

Health Sector Data Breach Review– Leading the Pack in Data Breach Reports

The Office of the Australian Information Commissioner (OAIC) has been producing quarterly statistics of data breach reports since the Mandatory Data Breach Reporting regime came …

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Intellectual Property

A Domain by Any Other Name: Protecting Your Domain from Casual Hijackers

For most businesses its website and email systems are its life blood. These can both be compromised if you lose control of your domain name, …

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Government

10 Days for Complaints Under the New Government Procurement (Judicial Review) ACT 2018

In mid-2017 we wrote about the proposed Government Procurement (Judicial Review) Bill 2017. It was finally passed in October 2018 with the key elements of …

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Employment

Employment Law Series – Recruitment and Discrimination – Case Update

Many employers operate under the misunderstanding that workplace discrimination laws only apply when considering the interests of those who are current employees.  However, the following …

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Employment

The Fair Work Commission Performance Overview 2018, Must Read For All Employers

The Fair Work Commission publishes an annual report outlining the Fair Work Commissions performance for the financial year. Check out below the key stats: Unfair …

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Employment

Employment Law Series: Do Your Work Policies Address Sexual Harassment?

Did you know that 71% of Australians have been sexually harassed at some point in their lifetime, of which 33% occurred at work in the …

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Employment

Employment Law Series: Domestic Violence Leave And Termination For Being A Perpetrator

Overview The Fair Work Commission has updated all industry and occupation Awards, whereby all employees covered by a Modern Award (including part-time and casual employees), …

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Employment

Cyber Bullying and How It Affects You or Your Business

20% of Australians have experienced image based abuse! Did you know that? Very few people are aware that s474.17 of Criminal Code Act 1995 (Cth) …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Social Media Case Update

The issue of social media in the employment context is at the forefront of employment law issues presently. It is a grey area. Today, we …

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Commercial

Beyond Potato Salad: Crowd Sourced Equity Fundraising for Pty Ltd Companies

The power of crowd sourcing is undeniable. From the ridiculous, $55,492 raised to make a potato salad , to the nostalgic, saving of the iconic …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Sexual harassment and #metoo – case update

Overview A number of Unfair Dismissal decisions before the FWC this year confirm that the #MeToo movement is gaining traction in Australia, with employers beginning …

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CommercialNot-for-Profit

AGED CARE ROYAL COMMISSION – The terms of reference and what they mean

On 8 October 2018, the Governor-General signed off on the Letters Patent establishing the Royal Commission into aged care, available here. This Royal Commission is …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Disputes arising from employment termination – Unfair dismissal

As we all know, often termination is challenging and if not handled delicately can result in a dispute.  The common disputes that arise out of …

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CommercialFor PurposeSports Law

The ACT’s Reportable Conduct Scheme – The role of the Employer in the investigation process

If the reportable conduct scheme applies to your organisation in the ACT, you have a mandatory obligation to respond to reportable allegations. Below we have …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Disputes arising from employment termination – general protection claims & adverse action

As we all know, often termination is challenging and if not handled delicately can result in a dispute.  The common disputes that arise out of …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Ending Employment – Serious Misconduct

It is fair for an employer to dismiss an employee without notice or warning when the employee’s conduct is sufficiently serious to justify immediate dismissal …

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Employment

Employment Law Series: Ending Employment – Redundancy

What is redundancy? In general, a position is redundant if the employer no longer requires the job to be performed by anyone. In enacting redundancy …

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Employment

Employment Law Series: Ending Employment – Performance Management

The most common reason for an employer wanting to terminate an employee’s contract is underperformance. Managing this process carefully is required given the complexities and …

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GovernmentPrivacy

Government Agencies – Privacy Update

APP CODE FOR COMMONWEALTH AGENCIES On 1 July 2018, the Privacy (Australian Government Agencies – Governance) APP Code 2017 (the Code) commenced. The Code is …

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CharityFor PurposeNot-for-Profit

Strengthening For Purpose: ACNC 2018 Report Summary

STRENGTHENING FOR PURPOSE: AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION LEGISLATION REVIEW 2018 The Report following a review of the Australian Charities and Not-for-Profits Commission (ACNC) legislation …

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Employment

Employment Law Series: Ending Employment – Abandonment of Employment

Employers need to be careful when considering whether abandonment of employment has occurred and terminating the employment contract. Abandonment cannot be determined strictly based upon …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Ending Employment – Resignations

The most common form of employment separation is where an employee provides an employer with Notice of their intention to end the employment relationship. This …

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EmploymentPrivacy

I spy, with my little eye… an employer who requires a workplace surveillance policy

It is becoming increasingly common for employers to monitor their employees whilst in the workplace, and when using employer devices. Although Australia does not currently …

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Litigation & Dispute Resolution

I am in dispute with someone – is Court my only option?

The short answer is no. There are many options available to individuals and organisations in order to resolve a dispute without going to Court. At …

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Litigation & Dispute Resolution

Defamation and Social Media – an update

Defamation is a routine matter to take to Court.  Like all legal matters, there are tricks of the trade, but it is a fairly simple …

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Privacy

Investigation launched into Facebook, as Information Commissioner releases first Report on Notifiable Data Breaches

We spent months speaking about it and now the report is in. On Wednesday, 11 April 2018, the Office of the Australian Information Commissioner (OAIC) …

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Litigation & Dispute Resolution

Statutory demands: What are they, why would I use one and how?

Need to chase a debt from a company? Do you operate a company and someone has issued you a statutory demand? Here is a quick …

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Employment

Griffin Legal Sessions: Employee Termination and Risk Management

Terminating an employee can be difficult to manage and there can be many risk factors involved that you may not have considered. From adverse action …

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Sports Law

CLAIMS OF SPORTING NEGLIGENCE TAKEN FOR A RIDE

Often, when deep in sporting contract negotiations, provisions regarding compensation for injury are often overlooked by players and sporting organisations alike. However, a recent decision …

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Privacy

Start the countdown clock…

TICK, TOCK….  On Thursday, 22 February 2018 the law will change, so that businesses and organisations bound by the Privacy Act 1988 (Cth) will be …

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Sports Law

DECODING WINTER SPORT: GOVERNANCE, POLICY AND DISCIPLINARY PROCEDURES

Summer’s almost over, pre-season has begun for most winter sports and amateur sporting clubs are hounding players for registration fees. What is often overlooked in …

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business work laptop desk group CommercialCorporate GovernanceEmploymentIntellectual PropertyPrivacy

New Year’s Resolutions for your organisation and the law ahead for 2018

Welcome to 2018! It is set to be another interesting year ahead, as the Australian Open kicks off this week, we head towards the 2018 …

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The Use of Combustible Cladding in Australian Buildings

In the early hours of 14 June 2017, an intense fire tore through the Grenfell Towers in London. A statement issued in November by the …

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Property Law Developments for Property Developers – What You Need To Know

Taxes are always a contentious issue in the current property development landscape. They serve an important source of revenue raising for our Government and allow …

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Charity reporting deadline approaching: common errors to avoid

Charities who report on a financial year (1 July – 30 June) are reminded that they are required to submit their Annual Information Statement and …

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A Recent History of the Marriage Act 1961

In light of the recent marriage postal survey, it has become apparent that there is widespread uncertainty regarding the origins of the current legal definition …

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Purchasing a Business?

Meet Kate and Peter. They handle the sale and purchases of businesses for our clients. We asked them a few questions about the process, from …

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Do you have to act on reports of sexual harassment if no formal complaint is made?

Often it is the case that victims of sexual harassment don’t feel comfortable reporting incidents of sexual harassment. As a result, the victim and the …

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George Brandis comments on the role of lawyers, and the Fitzgerald Principles

Opening the International Bar Association (IBA) conference in Sydney on Sunday night, Attorney-General George Brandis made a staunch defence of the rule of law, highlighting …

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Rugby Fractures

Western Australian Rugby Union v Australian Rugby Union Ltd [2017] NSWSC 1174 Such is the level of fracture amongst various members of the Australian rugby …

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Ipso facto clauses now a problem

In addition to introducing “safe habour” legislation, the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) places restrictions on ipso facto clauses. …

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The New ‘Safe Harbour’ Legislation

On Tuesday 12 September, the House of Representatives passed the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth), colloquially known as the …

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Can you control what your employees post on social media?

The boundaries between public life and private life, specifically in relation to the workplace and the home, have become porous. And the question for many …

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Why Investing in Workplace Diversity is Profitable

Workplace diversity has been a hot topic in corporate and government circles for some time. There is a considerable body of research that demonstrates that …

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Mandatory Data Breach Notification Bill Passed

It is the Bill that has done the rounds of Parliament and been the subject of much anticipation and commentary. Privacy nerds everywhere (read: Griffin …

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Canberra’s New Reportable Conduct Scheme – child protection obligations in the employment space

The new Reportable Conduct Scheme is now effective in Canberra, as of 1 July 2017. The ACT government passed legislation introducing the Scheme subsequent to …

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AFP workforce says “NO”

Yesterday, AFP employees delivered a clear message to the AFP Executive that they will not accept the Enterprise Agreement being offered by the AFP. 87.2% …

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Government Snapshot: Proposed Procurement Enforcement Regime

There has been a lot of discussion around the proposed changes to the way Commonwealth Government procures goods and services, in the form of the …

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The Importance of Performance Management in a ‘Throw-Away’ Culture Era

The importance of performance management to private employers and government departments cannot be overstated. Performance management is more than the process of evaluating and managing …

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IMPORTANT NOTICE: MANDATORY DATA BREACH NOTIFICATION BILL PASSED

It is the Bill that has done the rounds of Parliament and been the subject of much anticipation and commentary. Privacy nerds everywhere (read: Griffin …

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Contracts for children in sport – potentially more than just a “minor” inconvenience

At common law, minors have always been able to enter into binding contracts. The common law originally stated that contracts entered into by persons under …

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Part of a government tender evaluation committee? Want to know your obligations?

A tender evaluation committee is responsible for ensuring that a government procurement process is transparent and that procurement related actions are documented, defensible and validated …

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New Year, New Will!

A new Will may not be the first thing on your new year’s resolution list, however it is very important to consider. If you do …

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Brumbies into 2017

Opinion Piece – Peter J McGrath As the new year is upon us, I thought it would be an appropriate opportunity to give an update …

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Your Facebook, Your Intellectual Property.

A cautionary tale of the rights you give away. A few months ago, as I sat in a meeting that was increasing in tempo at …

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Disclosure Statements – What are they and why do I need one?

If you are the tenant or landlord of a retail or commercial lease, your lawyer probably required you to sign a Disclosure Statement prior to …

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Employment contracts: does a step back from implied terms mean that the goal posts are moving?

Trust and confidence – Barker In the 2014 case Commonwealth Bank of Australia v Barker (Barker), the High Court of Australia determined that there is …

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Commercial and Retail Leasing: Bank Guarantee v Bond

It is typical for landlords to require tenants to provide security under a lease, to secure the tenant’s obligations under the lease.  There are various …

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Unfair Contract Terms – A Change Is Coming

The unfair contracts legislation is being amended with effect from 12 November 2016 to apply to small businesses in addition to individuals. What is the …

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Cleaning up a Toxic Workplace Culture

In recent years, the concept of workplace culture has come into the spotlight exposing some of Australia’s largest organisations, including the Australian Defence Force in …

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Sharapova Vs Essendon

On 4 October 2016, the Court of Arbitration for Sport (CAS), issued a decision reducing the suspension given by an Independent Tribunal of the International …

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What you need to know about the new “medical research” function for an Enduring Power of Attorney

On 1 September 2016 the Powers of Attorney Act 2006 (the Act) was amended to allow a person (the Principal) to authorise their nominated attorney …

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5 essential probity tasks in government procurement

When the Government spends money, it is spending your money and my money, so we expect that there is a certain level of transparency and …

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Is it a bird, is it a plane – no it’s a drone! The privacy implications of the increased use of drones

It is now easier to legally operate drones in Australia – not all drones but smaller and lighter commercially operated drones. Drones are unmanned aerial …

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Debt Recovery Challenges

In November 2015 Griffin Legal published a blog outlining the debt recovery processes in the ACT. In this blog, we touch on some of the …

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What is a nominations committee ?

A nomination committee’s role is to guide and advise the board of a company on matters relating to the composition, structure and operation of its …

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Excessive surchages come at a cost

Following the enactment of the Competition and Consumer Amendment (Payment Surcharges) Act 2016, businesses should be aware of new restrictions in imposing payment surcharges on …

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IP Australia fee changes commence October 2016 – What do you need to know?

Earlier this year, IP Australia conducted an extensive review of its fee structure in consultation with various stakeholders. The results of this review are now …

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Trade Mark Now the Least of Dick Smith’s Issues After Mite-y Long Battle Ends in Federal Court

On 11 February 2016, the Federal Court handed down its judgment in the case of Dick Smith Investments Pty Ltd v Ramsey [2016] FCA 939. …

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Board Meeting Minutes – Take a Minute to Find Out Your Obligations

Minutes are a physical record of decisions made and actions agreed upon in a meeting, and are often relied upon for future reference. The Corporations …

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Estate Planning for Foreign Assets

It is now becoming more common for people who live in Australia to have assets overseas. If you own assets overseas it is important to …

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Brumbies in Crisis

At what point does it become obvious that an organisation is in crisis and that urgent action is required. The litany of governance issues which …

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How far is too far? Protecting the Privacy of Australians during the 2016 Census

With the census just around the corner many privacy advocates are questioning the motives of the Australian Bureau of Statistic (ABS), in not only collecting …

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Commonwealth Reporting Requirements for Property Transactions in New South Wales

From 1 July 2016 it is a requirement of the Office of State Revenue to collect and report on transfers of freehold or leasehold interests …

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Why should I register my lease?

There is no denying that entering in to a new commercial or retail lease can be a costly and time consuming exercise for both the …

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Employment Contracts: Restraint of Trade Clauses

Restraint of trade clauses are often included in employment contracts, to restrain employees from certain activities which may threaten the business of the employer. Restraint …

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What Is A Power Of Attorney, And Do I Need One?

A Power of Attorney is a formal deed governed by the Power of Attorney Act 2006 (ACT). A Power of Attorney is a binding legal …

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When you die, will your assets be distributed according to your wishes?

The way in which you own your assets has a significant impact on how you treat these assets under your will and how they are …

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Being a Good Advocate: More than Just being the Loudest

As a litigator, I advocate for my clients in the most traditional sense of the word – in the Courtroom. But if you think about …

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Duties and Obligations for Charities

The introduction of the Australian Charities and Not-for-profit Commission Act (ACNC Act) and the Australian Charities and Not-for-profit Commission Regulations (ACNC Regulations) on 3 December …

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The Future of Privacy after Dallas Buyer Club

Thought you can use the internet anonymously? A recent Australian case has shown that the right to privacy does not necessarily prevent someone finding out …

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Do you feel that you have been unfairly left out of a Will?

A person may leave their assets to whoever they wish.  However, the law recognises that there are those who may have relied upon the deceased …

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Curving Credit Surcharges

What does this news about credit card surcharges really mean? We’ve all been there – you find an unbeatable deal on flights or accommodation only …

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The Proof is in the Candy…Packaging and advertising with accuracy

Any student, chocoholic or sweet-toothed individual understands the thought process that goes into selecting the perfect chocolate bar. It does not bear imagining that the …

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5 costs to consider when entering into a retirement village lease in Canberra

One of the main considerations for any proposed resident of a retirement village is the cost associated with residing in the retirement village. Here is …

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Upholding a respectful workplace

Upholding a respectful workplace: what can employers do to ensure that dismissals based on misconduct are not deemed unfair? There have been a number of …

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Taking the heat out of performance management

Every employer will at some point have to engage in a performance management process with staff who aren’t meeting the expected standards. As with any …

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Essendon, AFL, ASADA and WADA – what is it all about?

Yesterday the Court of Arbitration for Sport handed down its Panel decision in World Anti-Doping Agency v. Thomas Bellchambers etc al., Australian Football League, Australian …

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Holly, tinsel and a lawsuit

It’s that time of year again – it always comes round so quickly! Your office is no doubt buzzing with plans for the Christmas party, …

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