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  • Article

    Astroturfing, social media and the law

    If astroturfing misleads consumers, it breaches Australian Consumer Law.
    AustraliaAntitrust/Competition Law
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Defining an officer under the Corporations Act 2001: Case Note - ASIC v King [2020] HCA 4

    The High Court judgment has a clear definition of what an 'officer' means under section 9 of the Corporations Act 2001.
    AustraliaCorporate/Commercial Law
    Swaab Attorneys
    Swaab Attorneys
Article

Federal Court finds Centro directors guilty of breaches of the Corporations Act

Federal Court finds directors of Centro Properties Group and Centro Retail Group breached their obligations.
AustraliaCorporate/Commercial Law
Swaab Attorneys
Swaab Attorneys
  • Article

    Growing your business through acquisition

    Using acquisitions to grow your business.
    AustraliaCorporate/Commercial Law
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Penalties in contracts

    A provision in a contract, that seeks to impose a penalty on a contracting party in breach, is not enforceable.
    AustraliaCorporate/Commercial Law
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Employee or Contractor? - Ace Insurance Limited v Trifunovski

    The article explores messages to be learnt from the case, to ensure the relationship is one of principal/subcontractor.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Enforcing Trade Restraints - Two Year Restraint can be Reasonable

    A recent court decision suggests that there are some circumstances in which a restraint of 24 months may be enforced.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Termination lessons from Amazon's email blunder, layoff of 16,000 jobs

    When technology drives organisational change, HR must carefully manage timing, messaging & communication to prevent leaks or misinformation.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Termination of employment by SMS fails the fairness text

    In two recent unfair dismissal decisions, the FWC has rejected the practice of terminating employment by text message.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    The Effective End of Probationary Periods?

    Recent case gave rise to some interesting considerations in the interaction between general protections & unfair dismissal proceedings.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    COVID-19 | Making a Will in times of emergency

    All is not lost when the Testator loses testamentary capacity and their testamentary wishes can still be effected.
    AustraliaFamily and Matrimonial
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Who needs a statutory will?

    This article outlines the types of people who might need a statutory will, including the issue of testamentary capacity.
    AustraliaFamily and Matrimonial
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Cross all Ts, dot all Is: Personal guarantees gone wrong

    This case highlights that creditors must get personal guarantees right or they may risk not being able to enforce them.
    AustraliaFinance and Banking
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Landlords beware - Incentive claw-back provisions deemed to be penalty clauses

    The case affirmed that claw-back provisions, which accompany most incentive provisions, may constitute a penalty clause.
    AustraliaFinance and Banking
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Google’s Trade Mark Policy Update

    Google AdWords, the auction-based program where advertisers bid on search terms to place text ads alongside search results, has been the subject of controversy and litigation around the world.
    AustraliaIntellectual Property
    Swaab Attorneys
    Swaab Attorneys
  • Article

    When Competitors Steal Staff There Could Be Legal Consequences

    A competitor can be made to pay when they poach employees and then harvest confidential information those employees have.
    AustraliaIntellectual Property
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Senate Committee report: The adequacy of protections for the privacy of Australians online

    A Senate Committee report has made nine recommendations for changes to Australia's privacy regime. If implemented, three of these will lead to significant changes to Australia's privacy laws, affecting all businesses. These are the change to the small business exemption, the ability of web users to opt out of online behavioural tracking and the creation of a cause of action for serious invasions of privacy.
    AustraliaPrivacy
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Breaking news: The sun is setting on unfair use of sunset clauses in off the-plan sales in NSW!

    This amendment to the Conveyancing Act by the NSW Government has shifted the balance in relation to strata developments.
    AustraliaReal Estate and Construction
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Changes to shutdown leave rules for 78 modern awards

    Where employees don't have enough annual leave to cover a shutdown period, they cannot be directed to take unpaid leave.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Employees soldiering on with COVID-19: What can employers do?

    As with mandatory vaccination, it is open to employers to adopt policies that go beyond those prescribed by government.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Showing 741–760 of 1144 results

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