OUR PUBLICATIONS

By Leonie Kyriacou

On 24 July 2013, the Fair Work Commission refused an appeal by Virgin Australia against the Commission’s earlier decision to reinstate Mr Taleski after he was held to have been wrongfully dismissed for refusing to cut his hair.

By Matt Goodwin

This Article was first published in Club Life Why does your club need to pay attention to the upcoming amendments to the Privacy Act? Coming into force on 12 March, 2014, the Privacy Amendment (Enhancing Privacy Protection) Act 2012 brings with it what has been heralded as the greatest reforms in the Privacy Act’s 25

By Allan McDougall

The NSW Supreme Court has now confirmed the thrust of the national Personal Property Securities Act 2009 (PPSA) reforms in a lucid and thorough judgment which at the same time will send tremors through the sub-hiring business model seen especially in the mining industry. In summary, those reforms replace title-based security interests with a system

By Allan McDougall

 A “contingent” debt exists if there is a liability on a debtor to pay a sum of money to a creditor where the liability will arise upon the occurrence of a future event. This event can be either one which must happen, or one which may happen. If the event doesn’t happen no debt is

By Allan McDougall

When an equipment lease is terminated before the end of its term, the lessor assumes that it will be entitled to claim a payout consisting of the rentals due over the remainder of the term rebated to their present values as at the termination date. The rebating or discounting is done in order to reflect

By Allan McDougall

 This Article first appeared in CLUB LIFE – April 2012 Club managers would be aware that section 74(1) of the New South Wales Gaming Machines Act (2001) prohibits clubs from granting a specific interest in their gaming machines to anyone else. The reference to an “interest” effectively means a security interest like a fixed charge. Section 74(2)

By Bruce Gotterson

This Article first appeared in CLUB LIFE – MARCH 2013 “Money makes the world go around, the world go around, the world go around” They said it in Cabaret and it applies today. Good financial management and planning are crucial to any successful enterprise including registered clubs. In order to develop, manage and monitor a

By Leonie Kyriacou

The federal government has recently passed the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which substantially amends the Privacy Act 1988 (Cth) (the Act). The changes to the Act are likely to have significant consequences for businesses. The amendments will come into force on 12 March 2014. It is essential that business owners are aware

By Leonie Kyriacou

Key points There is a recent trend among courts in different jurisdictions to uphold the validity of employment restraints. Despite the recent trend, courts continue to require that restraints are very carefully drafted to focus only on the legitimate business interests to be protected having regard to the type of work the employee performs. Why

By Owen Ratner

Increasingly a large percentage of Australians assets are held in superannuation funds. What happens to those funds on the death of a member is much misunderstood. A superannuation death benefit is a payment from a superannuation fund after the death of a member. A member’s interest in a superannuation fund does not automatically form part

By Allan McDougall

Many electrical and building contractors are entering the burgeoning photovoltaic (PV) system supply industry as a result of government policies favouring energy conservation and efficiency. A new business opportunity presents in a slow economic environment burdened nonetheless by rising energy costs. The PV supply industry is particularly attractive due to the lure of legislated incentives

By Daniel Fleming

The Civil Dispute Resolution Act 2011 (Cth) (CDR Act) obliges parties who commence proceedings in the Federal Court of Australia or the Federal Magistrates Court to file a ‘genuine steps’ statement setting out what steps, if any, each party has taken to resolve the dispute, or explaining why no steps have been taken. The decision of Justice