An employer is entitled to end an employment relationship with an employee but this entitlement is subject to certain provisions, some of which are discussed in this article below. Protection from Unfair Dismissal Part 3-2 of the Fair Work Act 2009 (Cth) (FWA) contains provisions for the unfair dismissal of an employee. Pursuant to s…
COVID-19 or Coronavirus has had a tremendous impact on the global economy and the employment sector in particular. In the present circumstances, it is important that the employers and the employees are aware of their workplace rights and obligations. Enforcement of Safety Measures The employers should keep up to date on any guidelines issued by…
Many companies now have their own Facebook page or Twitter account and use the same for marketing, branding and advertising its product and services. Nevertheless, these social media outlets can become a legal liability if they are not properly monitored. The Advertising Standards Board has held that the Advertiser Code of Ethics and Australian Consumer…
The Federal Government provides generous tax relief for funds registered as Early Stage Venture Capital Limited Partnerships (ESVCLPs) and Venture Capital Limited Partnerships (VCLPs). These are governed by the Venture Capital Act 2002 and Income Tax Assessment Act 1997. Who should apply? For VCLPs: fund managers seeking to raise a new venture capital fund of…
Trade Mark registration does not provide boundless and unconditional protection for its owner. An owner of a registered mark must use the mark to prevent it from losing its protection. The Trade Marks Act 1995 (Cth) (the “Act”) contains provisions that allows a party, who wishes to register a similar mark, to apply to have…
The Federal Government’s R&D Tax Incentive program is targeted at Australian companies, particularly small to medium enterprises (SMEs) carrying out R&D in Australia and overseas. Early stage high-tech companies investing heavily in R&D stand to gain significantly because there is no upper limit on the amount of R&D expenditure per year under the scheme. SMEs…
For many businesses, cloud computing has become an essential tool to minimise ongoing computing costs. It also provides companies with a facility to access information remotely and globally. Notwithstanding the benefits of cloud computing, companies should be aware of their legal responsibilities whilst storing personal information onto cloud servers. For example, pursuant to the National…
On 12 March 2014,the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) will come into effect. This will amend the Privacy Act 1988 (Cth) by introducing: a new definition of Personal Information; the Australian Privacy Principles (APP); a more comprehensive credit reporting system and new powers for the Privacy Commissioner; and new penalties. New Definition…
QANTAS has recently come under fire for the appearance of pornographic material on its Facebook page, which was unfortunately stumbled-upon by an 8-year-old child using his father’s iPad. By way of background, comments on Facebook pages were held to be subject to the Trade Practices Act 1974 in the case of Seafolly v Madden [2012]…
An arbitration agreement gives parties a chance to present their contractual disputes for decision by a private tribunal. The decision made by the arbitration tribunal is legally binding and can be enforced by the courts, should either party fail to uphold its obligations. The International Chamber of Commerce ‘Rules of Arbitration’ (ICC Rules) are used…
