GL Insights
Why You Need a Will
This is a question often presented to the estate planning lawyers in our office. The most obvious answer is that, if there is no will, your estate will be distributed in accordance with the method set out in the Administration and Probate Act 1929 (ACT) (the Act) or the equivalent legislation in the relevant State …
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Assignment of Commercial and Retail Leases
When buying or selling a business, it is critical that the parties to the transaction consider any lease in place for the premises from which the business trades. In selling the business, the seller is not automatically absolved of liability to the lessor under the lease. If the purchaser does not propose to continue to …
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Vicarious Liability in the Workplace
It is important for an employer to know that in certain circumstances, they may be held liable for the actions of their employees. This is known as vicarious liability. What can you be liable for? Vicarious liability can arise where discrimination or harassment has occurred in the course of, or in connection with, the employee’s …
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Process for ‘Mr Fluffy’ Loose Fill Asbestos Buyback Scheme
Since our last article addressing the ‘Mr Fluffy’ Loose Fill Asbestos Buyback and Demolition Scheme (the Scheme) the surrender process has begun. Deeds of Surrender have already been issued for the buybacks due to settle before Christmas. What is the process for those who have elected to participate? Affected homeowners may accept the ACT Government’s …
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What is Workplace Investigation and Why You Should Care
A workplace investigation is a process of fact finding. An investigation should commence as soon as possible after you become aware of a serious conflict or allegation of misconduct in your workplace. Why? because ultimately, engaging in timely and effective workplace investigations will save your business time and money. Beneficial for your Business By dealing …
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Trade marks and the distinguishing test
Registering a trade mark is a common way to identify a unique and distinctive product or service that is used in a business. The purpose of registration is also to allow use of the trade mark for goods or services to the exclusion of others. IP Australia will consider an application for registering a trade …
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Reebok and Miranda Kerr – False and misleading representations in advertising
Reebok, and the rest of the commercial work, has been reminded that if you are advertising your business or products, it is important to ensure that any claims made in relation to those products are truthful and can be proven. In a recent case brought by the Australian Competition and Consumer Commission in the Federal …
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Code of conduct investigations: Is your evidence water-tight?
In a recent decision the Fair Work Commission (‘Commission’) has reinstated former Patrick Stevedores Holdings Pty Ltd (‘Patrick’) employee, Susan Francis, after she was dismissed following a flawed investigation. Paul Nichol alleged that Ms Francis assaulted him at work. Patrick investigated Ms Francis’ conduct and found that the allegations were substantiated. Patrick dismissed Ms Francis …
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Moral Rights in Copyright Law
Moral rights are specific rights afforded to creators of works in addition to ordinary copyright protections. Moral rights were only included in the Copyright Act 1968 (Cth) in 2000 and are still a relatively new area of law. What are moral rights? Moral rights are the rights of: attribution of authorship; not to have authorship …
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Buyback and demolition scheme for ‘Mr Fluffy’ homes
This week the ACT Government announced that it will offer to buy back the 1,021 Canberra houses contaminated by ‘Mr Fluffy’ loose fill asbestos insulation under a programme called the Loose Fill Asbestos Insulation Eradication Scheme. The announcement follows a report by the Asbestos Response Taskforce which recommended that the demolition of affected homes is …
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