OUR PUBLICATIONS
Joint Developments: Making sure the developer doesn’t get the joint
This article appeared in the December 2014 issue of Club Life. I was recently at a club discussing a joint development proposal when a witty member asked the group “Do you know why it’s called a joint development? Because the developer gets the joint!” On a serious note, the development of club land has recently
Can employees sign a contract to bind their company?
In daily business life it is often the case that a company employee who holds either an administrative, purchasing or financial position is entrusted with the responsibility of negotiating a contract. Then, when the negotiations are complete, that person is the individual required to sign the contract and so to bind their company. By necessity
Australia’s PPSA causes international ructions
In February 2014 the ANZ bank appointed receivers to one of its mining services customers, the Forge Group. About $300 million was owed to the ANZ and some asset insurers, substantially in connection with leased equipment which had been financed by the bank and the insurers. The Forge group is now in liquidation. Part of
Tree root damage – more than a nuisance
Pigott Stinson recently successfully acted for a Club after local council refused to remove trees on council land the roots of which had caused damage to the Club’s car park and prevented the Club from upgrading the car park.
PPSA statutory review – preliminary report
In August 2014 the Federal Government released its preliminary report on the operation of the Personal Property Securities Act (the “PPSA”). This report will be followed in January 2015 with a final report on what changes, if any, should be made to the PPSA. given the breadth of the PPSA’s criticisms it is difficult to know what final recommendations the statute’s reviewers will ultimately make. There is pressure to amend the PPSA to make it briefer and easier to understand, but this would be a lengthy and costly process in itself. And amending legislation can be complex in its own right.
Opportunity ends for grandfathering of PPSA security interests
On 31st January 2014, the 2 year window of opportunity ends for holders of security interests in personal property. If you own goods or things in the possession of others this affects you. Following that date, the completed or ‘perfected’ status of security interests in personal property – things like cars & trucks, inventory, plant &
Managing the social media challenge
Employers should address the risks posed by social media via a formal and binding agreement with their employees. Policies or contracts of this type must deal with:
Upholding confidentiality and restraining competition and solicitation in a digital age
On the termination of employment, a critical issue arises in respect to the ownership of twitter, LinkedIn and other social media accounts in circumstances where these accounts have been used as a means of generating business or establishing client contacts.
Using Social Media in your Business: It is not all good news for Employers
Over the last 5 to 10 years marketing has changed. Many businesses are devoting themselves to developing and promoting themselves via the internet. As part of this effort, employees (often senior ones) are required to manage online blogs, Twitter accounts and their LinkedIn profiles.
Private Activities with Public Consequences: The unsanctioned use of Social Media by Employees
Every employee owes their employer a duty of good faith and fidelity. This duty is implied at law and is fundamental to the employment relationship.
Taxi driver entitlements in Sydney metropolitan transport district
Taxi operators should be aware that all bailments of taxis to taxi drivers in the Metropolitan Transport District of Sydney are governed by the Taxi Industry (Contract Drivers) Contract Determination 1984 (Contract Determination). Permanent bailee taxi drivers in the Metropolitan Transport District of Sydney who have driven for the same bailor for at least 12
New laws to Stop Workplace Bullies: How to prepare your business
Many clients assume that laws currently exist in NSW and nationally which specifically prohibit workplace bullying. The truth is there has never been national or NSW legislation that deals directly with bullying or creates clear rights for victims of bullying.
