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Restraint of Trade

Restraints of trade are routinely included in employment contracts (and often independent contractor agreements) to protect an employer’s trade secrets, confidential information, customer connections and staff connections by restricting an employee’s activities after they have left employment.  Restraint of trade clauses will be enforceable to the extent that the restraint is reasonably necessary to protect the legitimate business …
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Electoral spending

Changes to the Electoral Act 1918 (Cth) now require charities that spend money to influence voters in a federal election to register and report expenditure to the Australian Electoral Commission (AEC). Depending on the level of expenditure, a charity may be subject to disclosure requirements as: a political campaigner; or a third party. Political campaigner …
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Employees and medical certificates – case update

When it comes to employee sick leave, we are regularly asked the following two questions:  When can an employer compel an employee to obtain a medical certificate or a more detailed medical certificate? What are the considerations for an employer when an injured employee is certified unfit to return to their pre-injury position? Two cases …
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Running a business? Check your registration

Running a business? Check your registered details are current It is not only charities that should check their registrations reflect their current details; businesses should also check that: any trading name the business uses is registered as a business name with the Australian Securities and Investments Commission (ASIC) –  (a business must register the trading name it …
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Charity Listing with the ACNC

Throughout the year we assist clients with their corporate governance and regulatory compliance. The Australian Charities and Not-for-profits Commission (ACNC) has imposed new obligations on charities, in some cases in addition to existing reporting obligations. We often find that charities are not up to date with their ACNC lodgements. If you work for a charity, …
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