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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 of marriage. Prior to the 2004 amendments, the Marriage Act 1961 contained no definition or mention of the limitations of the institution of marriage, or the exclusion of some foreign …
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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 the perspective of a buyer. What questions should a purchaser ask before agreeing to a price? Kate: It is important for a purchaser to conduct due diligence prior to purchasing …
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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 fraternity, even Hammerschlag J opined in dismissing the appeal by Western Australian Rugby Union against the decision of an independent arbitrator to uphold their axing by the Australian Rugby Union …
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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. Ipso facto clauses are clauses that allow for termination due to insolvency. The Act limits the ability to enforce these clauses during periods of voluntary administration, receivership or schemes of …
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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 ‘Safe Harbour Legislation’. The Act introduces protection for company directors from personal civil liability for insolvent trading under s 588G(2) of the Corporations Act 2001 (Cth). The Act was given …
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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 organisations is whether they can control what their employees post on social media. The answer, like most legal answers, is that it depends on the circumstances and more particularly what …
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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 diverse workplace teams and inclusive organisational cultures impact directly on improved bottom line results. Despite this, some leaders regard Diversity and Inclusion as either the province of larger multi-national enterprises …
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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 Legal staff) were waiting with bated breath to see if the latest amendments to the Privacy Act 1988 (Cth) would be passed. On 13 February 2017, the Privacy Amendment (Notifiable …
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