On 12 November 2016, the existing unfair contract term protections for consumers have been extended to cover standard form contracts for small businesses. A summary can be found on the ACCC website on by clicking this link.
Whether a term is fair or not is considered in context of the contract as a whole. It could be for example the “automatic rollover” clauses that have become more common in supply contracts. Those clauses were a “catch” because you could automatically be read more...
Outsourcing is a major feature of today’s labour market and many companies and businesses hire independent contractors with the intention of avoiding a whole raft of employment obligations including annual leave, long service leave, sick leave and statutory payments such as workers compensation, superannuation and payroll tax.
But just because an employer has outsourced its services and personnel by engaging a contractor, does not mean they have outsourced all their read more...
Planning for the afterlife
It may seem a fairly straight forward topic but your will is important as it helps guide the way you leave your estate. For example, who will look after your children if you die before they can look after themselves, who do you want to carry out any last wishes you have such as where to be buried or cremated?
You should always seek legal advice when making a will as mistakes or lack of clarity can cause you will to be invalid. It's doubly important to make a read more...
Hot Yoga Litigation - ABC Radio Report:
The 9th Circuit Court of Appeals in Pasadena California will shortly hand down a highly anticipated court ruling on the copyrightability of yoga.
The case involves the most commercialised brand of yoga in the world, 'Hot yoga' created by Bikram Choudhury.
He filed a suit against two former Hot Yoga employees, Mark Drost and his wife Zefea Samson who have set up their own yoga studio.The pair claim the sequence should be taught freely.
March 2015 the Federal Circuit Court set aside two Agreements that had been
entered into by Ms Thorn and Mr Kennedy both before and after their
Kennedy was a 67 year old Property Developer with assets of somewhere between
$18 to $24 million dollars. He met Ms
Thorn on an internet website. At that
time, mid-2006 Ms Thorn was a 36 year old living overseas with minimal
assets. She relocated to Australia. The parties got on and decided to marry. Ms Thorn wanted to have read more...
Ban on Breastfeeding Overturned on Appeal - Family Court
A Newcastle Federal Circuit Court Judge's decision to prevent a mother from breastfeeding her 11 month old child has been unanimously overturned on appeal to the Full Bench of the Family Court.
The trial judge had placed an injunction on the mother preventing her from breastfeeding the child on the basis that the mother had recently had a tattoo and the judge considered after reviewing the Australian Breastfeeding Association read more...