Articles 

---

Company Directors and Officers Duties
July 2011

• Centro Case (ASIC v Healey & Ors (2011) FCA717)

 Corporations Law imposes significant responsibilities upon directors (both executive and non-executive).  The recent decision in the "Centro Case" creates warnings for both executive and non-executive directors as to their duties.  It makes it plan that directors are unable to look to officers and managers of the company or external advisers in satisfying the directors' obligation to devote care and diligence in the performance of their duties as directors.

To view the full article, click here

New Procedural Rules for Civil Litigation in Victoria
(Civil Procedure Act 2010)
January 2011

The Civil Procedure Act 2010 came into force on 1 January 2011 radically changing the obligations on parties and their lawyers with respect to either the commencement or the defence of civil litigation.

To view the full article, click here

Employment Services Australia Pty Ltd v Poniatowska [2010] FCAFC 92
August 2010

Employment Services Australia ("ESA") appealed a 2009 Federal Court decision that found a previous employee, Ms Poniatowska, was the victim of sexual harassment and discrimination.  The appeal was dismissed and Ms Poniatowska was awarded $466,000 in addition to legal costs.  Ms Poniatowska had made allegations against two former fellow employees.

To view the full article, click here

Occupational Health and Safety in Victoria
May 2010

• Safe Working Environment
• Workplace Bullying

In Victoria, the principal duty imposed on employers under the Occupational Health and Safety Act 2004 (Vic) and the Occupational Health and Safety Regulations 2007 (Vic) is to, so far as reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.

In discharging their principal duty towards employees, employers must be able to demonstrate that they have maintained the workplace in a safe manner; provided systems of work that are safe and without health risks; ensured the safe use, handiling, storage and transport of plant substances; and provided adequate facilities, information,  instruction and training to enable employees to carry out tasks safely.

The obligations and duties of employers encompass the need to have effective systems in place to eliminate, and deal with, workplace bullying and violence.

To view the full article, click here

Fair Work Act 2009. National Employment Standards. Unfair Dismissals.
October 2009

The Fair Work Act 2009 has introduced major changes to Australian Workforce Laws.  They are meant to provide a balance between the needs of Employers and Employees, and particularly to accommodate the needs of the Small Business Sector.

This article summarises the changes and discusses the impact they will have on both Employers and Employees.

To view the full article, click here

Owner-builder. Liability for defects after sale
July 2009

Owner-builders are subject to significant obligations under the Building Act 1993 (Victoria) when selling their home.  What is not sufficiently understood is the continuing liability that owner-builders face with respect to any defects which might be in existence or arise following sale.

To view the full article, click here

Family Law Act now covers parties in de facto relationship
July 2009

The Family Law Act was recently amended to provide that parties in de facto relationships, whether heterosexual or same sex, who separate after 1 March 2009 will have their property and maintenance matters dealt with under the Family Law Act (although certain exceptions apply).  Parties in de facto relationships whose relationship breaks down before 1 March 2009 can "opt in" to the new regime.

To view the full article, click here

Wind Farm Leases
March 2009

Farmers in the Ballarat and Western Districts are being approached by wind farm companies seeking to place turbines on their land.

Unfortunately, in the excitment of additional income and a chance to "drought proof" their land, many cockies simply sign on the dotted line.  The documents are generally option deeds or agreements for lease which commit the landowner, but not the wind farm company.

To view the full article, click here

Child Support Reform
March 2009

The Australian Child Support Scheme is undergoing major reform and is being introduced in three stages.  The reform is in response to the report of the Ministerial Task Force on Child Support released in June 2005, "In the Best Interests of Children - Reforming The Child Support Scheme".  Stages 1 and 2 of the reform have already been introduced and stage 3, under which the most significant change will occur, was introduced on 1 July 2008.

To view the full article, click here

The Relationships Act 2008 (Vic)
November 2008

The Relationships Act 2008 (Vic) is due to come into force within the next few months.  The Act deals with the way in which parties' property and financial resources will be distributed, in the event of the breakdown of the relationship.  Parties in domestic relationships (formerly known as de facto relationships) should be aware of the changes to the existing laws and may wish to contract out of the new legislation by entering into a Relationship Agreement. 

To view the full article, click here

Owners Corporations (Some tips on living with the new Owners Corporation Act 2006)
August 2008 

On 31 December 2007 new legislation, the Owners Corporation Act 2006, came into operation.

What is an Owners Corporation?

An Owners Corporation is a separate legal entity which is created when a plan of subdivision creates an area referred to a common property.  They were formerly called body corporates. 

To view the full article, click here

Borrowing by Super Funds
April 2008

As many would be aware, recent changes to the superannuation laws now enable super funds to borrow money to purchase assets and thereby gear up their holdings - a concession likley to appeal to many clients. 

To view the full article, click here

Buying a new franchise?  Top tips
December 2007

Franchising continues to boom - understandably, being the purchase of a ready-to-go business system, with back-up support and an established product, name and logo.  But franchises have a dark side too.  Requiring a large investment of time and money over many years, it is not uncommon for a franchisee, only a year or two in, to be floundering because promises of support, customer referrals and revenue have been vastly overstated. 

To view the full article, click here

When employees bolt with your business
December 2007 

Many business owners are fearful that their employees may depart with copies of their client details, trade secrets, "know-how" and fellow employee contact details, only to set up business in competition. 

To view the full article, click here

"Building quality relationships with clients"