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Can employment be terminated for use of Facebook?

The law about unfair dismissal for social media use is still emerging. Several recent cases show that using Facebook, Twitter or other forms of social media excessively at work or in an inappropriate manner can have severe consequences for employees. In the case of O’Keefe v The Good Guys (2011), O’Keefe was fired after posting […]

Electronic Signatures

Until recently, all executed contracts were produced in hard-copy and signed by hand. Many businesses and individuals now embrace a ‘paperless’, digital approach to conducting business. Examples include ‘click to accept’ online contract. Many contracts require notices to be given “in writing”. The law allows a document to be executed by an electronic signature and […]

Employees vs Contractors

Sometimes, people choose to work as Independent Contractors rather than Employees as it suits them to have the flexibility that being an Independent Contractors provides. Independent Contractors are not part of a business’ PAYG obligations and are responsible for their own taxation. They are not paid superannuation and aren’t eligible for leave. However, they are […]

Insolvent Trading and Directors’ Liability

Trading during insolvency can have serious consequences for directors due to duties arising under the Corporations Act. Penalties such as heavy fines and imprisonment may apply. To prevent insolvency trading, it’s important to know what conduct it covers. If a company is pursuing transactions or commercial activities while they are unable to pay back their […]

Click to Agree- All contracts are not created equal!

‘Click-to-agree’ terms and conditions are frequently encountered by technology users. This method enables a contract to be made quickly with a click of a button. But how effective are these mini-contracts? Do they carry the same weight and enforceability as a ‘real’ contract? Firstly, not all ‘click-to-agree’ contracts are created equal. The most commonly used […]

Email Footers- Worth the Trouble?

Almost every organisation now provides in the footer of their correspondence a small disclaimer, provided to protect the organisation from any liabilities. But how legally enforceable are these disclaimers, really? The answer is – not very. The basic principles of contract law stipulate that for a contract to be enforceable, both parties must have intended […]

Can you infringe a trademark with your SEO tag-lines?

SEO (Search Engine Optimization) tag-lines are used by companies to become more visible to customers searching for their services online. The courts have recently considered this question. The company Lift Shop Pty Ltd, which supplies elevators, registered a trademark featuring the phrase “lift shop”. Another elevator supply company Easy Living Home Elevators Pty Ltd, in […]

Directors’ Duties

The overriding duties of a company director are to function on behalf of shareholders and to uphold the interests of the business. However, alongside these responsibilities come several key obligations which ensure directors will always act in the best interests of the business, rather than themselves. These are as follows: Acting with care and diligence […]

Alternate Dispute Resolution: Mediation

      Including alternate dispute resolution clauses in contracts aims to protect against the escalation of disputes by compelling the parties to try to solve the problems commercially, before recourse to the courts. The most common form of dispute resolution is mediation- parties are obliged to negotiate in good faith to resolve the dispute […]

Workplace Bullying: Changes to the Fair Work Act 2009

Changes to the Fair Work Act 2009 came into place on 1 January 2014, bringing with them increased provisions regarding workplace bullying. Previously, workplace bullying could only be addressed through other more general areas of law such as workers compensation and anti-discrimination legislation. Now, the Fair Work Commission (FWC) has begun to directly manage these […]