Protecting your trade secrets when employees leave

By Margaret Miller • In Employment LawComments Off on Protecting your trade secrets when employees leave

Employee trade secret theft is becoming a serious threat for employers, as evidenced by the increasing number of cases before the courts dealing with such conduct. Often the problem could have been avoided by forward planning by the employer. It is wise to have an action plan in place to

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Considering a Child Maintenance Trust?

By Margaret Miller • In Family LawComments Off on Considering a Child Maintenance Trust?

Following the breakdown of a relationship, parents discussing child support can consider an arrangement to make child support money go further by establishing a Child Maintenance Trust. In most family trusts, minor children who are beneficiaries are taxed at 47% for every dollar over $416 per annum.  This does not

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Sham Contracting: The Fair Work Ombudsman now targeting advisers

By Margaret Miller • In Dispute Resolution, Employment LawComments Off on Sham Contracting: The Fair Work Ombudsman now targeting advisers

The Fair Work Ombudsman (FWO) has warned it will pursue anyone involved in sham contracting arrangements to ensure employees are paid. This includes the employer, Human Resources managers and other advisers. In a recent speech by Natalie James, lawyers at the Law Institute of Victoria Workplace Relations Conference were told

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The High Court finds employer liable for employee’s intentional criminal acts

By Margaret Miller • In Employment Law, LitigationComments Off on The High Court finds employer liable for employee’s intentional criminal acts

On 5 October 2016 in Prince Alfred College Incorporated v ADC [2016] HCA 37, the High Court confirmed that, in special cases, employers can be vicariously liable for intentional criminal acts of their employees. Employers can be vicariously liable for the harmful acts of their employees done within the course of their employment,

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Fining Franchisors – A Future Trend?

By Margaret Miller • In Commercial Law, LitigationComments Off on Fining Franchisors – A Future Trend?

Consumer watchdog the ACCC has begun cracking down on franchisor misbehaviour, bolstered by the powers awarded to it under the revised Franchising Code of Conduct. The start of 2015 heralded the amended Code coming into effect, thanks to a slew of franchisor disputes and governmental inquiries. The Code now contains

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Recent cases provide a further warning on underpayment penalties for Employers

By Margaret Miller • In Employment Law, LitigationComments Off on Recent cases provide a further warning on underpayment penalties for Employers

So far in 2016, the Fair Work Ombudsman (FWO) has been in the news for successfully prosecuting several companies for unlawful underpayments to employees. The courts are imposing record penalties on companies and their directors. The FWO published an open letter on the FWO website, warning companies and directors of

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Input tax claims by a retirement village developer rejected by AAT

By Margaret Miller • In LitigationComments Off on Input tax claims by a retirement village developer rejected by AAT

On 7 September 2016 in RSPG v The Commissioner of Taxation, the Administrative Appeals Tribunal affirmed a decision of the Commissioner of Taxation which may affect retirement village developers significantly. On 27 January 2016, the Commissioner of Taxation objected to how a retirement village developer/operator calculated its entitlement to input

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Retail Shop Leases Amendments come into effect in November 2016

By Margaret Miller • In Commercial Law, Property LawComments Off on Retail Shop Leases Amendments come into effect in November 2016

Exclusions from the retail shop lease definition The definition of a retail shop lease will specifically exclude leases/licences for: premises with an area greater than 1,000 square metres; premises carrying on a business by a lessee for a lessor as the employee or agent of the lessor; ATMs; vending machines; and premises

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Legislative changes to the effect of indemnity clauses in service agreements

By Margaret Miller • In Dispute Resolution, Employment LawComments Off on Legislative changes to the effect of indemnity clauses in service agreements

Contractual indemnities appear in many services agreements, including subcontracting, labour hire and wet plant hire agreements. Indemnity clauses move liability from one party to another by requiring one party to indemnify the other. The usual type of indemnity arises where one party agrees to indemnify another party for all liability

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Queensland Court of Appeal decides landlords may recover land tax under leases entered into before 30 June 2009

By Margaret Miller • In Commercial Law, Dispute Resolution, Property LawComments Off on Queensland Court of Appeal decides landlords may recover land tax under leases entered into before 30 June 2009

On 6 September 2016 the Queensland Court of Appeal in Vikpro Pty Ltd v Wyuna Court Pty Ltd [2016] QCA 225 dismissed an appeal and upheld the original decision of the Supreme Court in Wyuna Court Pty Ltd v Vikpro Pty Ltd [2015] QSC 216. A landlord under a commercial lease entered into before

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