ArticleYou are toast! Sale of Subway franchise business becomes a costly lessonCourts will look behind a contract if they believe false or misleading information was provided to induce the sale.AustraliaCorporate/Commercial LawMadgwicks
ArticleCan employers make the COVID-19 vaccination mandatory for staff?In most cases, employers should assume that they will NOT be able to require their employees to be vaccinated.AustraliaEmployment and HRMadgwicks
ArticleEmployee not entitled to demand flexible work arrangementsAn employee is entitled to request flexible work arrangements but they are not entitled to demand them. Recent case discussed.AustraliaEmployment and HRMadgwicks
ArticleIgnorance is no excuse: HR Managers can be held personally liable for unlawful workplace practicesHR Managers need to know, and act on, their employer's legal HR obligations, regardless of the employer's express wishes.AustraliaEmployment and HRMadgwicks
ArticleRecent unfair dismissal cases: lessons and remindersThese are important lessons and reminders compiled from recent unfair dismissal decisions of the Fair Work Commission.AustraliaEmployment and HRMadgwicks
ArticleRecent unfair dismissal cases: lessons and reminders for employersThese important lessons and reminders may assist employers in managing any risk of unfair dismissal claims applications.AustraliaEmployment and HRMadgwicks
ArticleBankruptcy law update: The loan agreement created a trust so avoided the preference provisions – a setback for trusteesA trust was implied into a loan agreement, so that the loan moneys were not considered part of the bankrupt estate.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleSorry, I did not receive that – service of documents on a companyThis recent decision has given a clear and detailed explanation of what will be considered proper service on a company.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleCyber insurance policies? Top 11 questions to ask your insurerWith more organisations taking up cyber insurance as part of a broader cyber security strategy, these are key issues.AustraliaInsuranceMadgwicks
Articlerealestate.com.au v Domain: misleading statements that brought the house downBusinesses must carefully word advertisements and accurately document achievements to avoid being considered misleading.AustraliaMedia, Telecoms, IT, EntertainmentMadgwicks
ArticleRecent debt recovery work being undertaken by both the ATO and SROHow to respond to ATO & SRO demands to recover outstanding tax liabilities from companies and individual directors.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleAbsent social media policy stings transport giantThis decision clarifies the importance of organisations adopting and educating employees about, a social media policy.AustraliaEmployment and HRMadgwicks
ArticleSale of subway franchise business becomes a costly lesson - you are toastIf sellers misrepresent their sales when selling, they forfeit protections in their contract regarding misrepresentations.AustraliaCorporate/Commercial LawMadgwicks
ArticleSelling your business in 2022: Dangers to avoidTop points to remember when selling a business, to minimise the risk of being sued or a lengthy and expensive dispute.AustraliaCorporate/Commercial LawMadgwicks
ArticleCasual conversion (and how it may impact your business)Casual conversion is the ability of casual employees to seek to convert their employment to full time or part time.AustraliaEmployment and HRMadgwicks
ArticleEmployee entitlements in the sale of a businessEmployers must carefully consider the extent of, and how to deal with, employee entitlements in the sale of a business.AustraliaEmployment and HRMadgwicks
ArticleEmployer justified in dismissing employee for offensive and damaging emailEmployers should have stringent email and IT policies, and make employees aware of standards of conduct expected of them.AustraliaEmployment and HRMadgwicks
ArticleInsurer fined for breach of employee privacyThe case shows that employers must not mismanage an employee's personal information, such as WorkCover claims history.AustraliaEmployment and HRMadgwicks
ArticleSRO in Victoria issues draft ruling on service fees and the economic entitlement provisionsThis draft ruling clarifies the application of economic entitlement provisions in the Duties Act 2000 to service fees.AustraliaTaxMadgwicks
ArticleUnder the microscope: ATO scrutinises the paying of death benefits in light of superannuation reformsThe ATO's view in LCG 2017/3 is a timely reminder to review the Fund's trust deed and relevant pension documents.AustraliaTaxMadgwicks