An employee was dismissed after advertising his private company to contacts on LinkedIn. An interior designer was employed by a national architecture and design company and, prior to taking up …
What is Bankruptcy?
By Jacob Carswell-Doherty What is Bankruptcy? Bankruptcy is a process where a person is legally declared unable to pay their outstanding debts. The result is that the state will take …
Disputed Territory – Protecting Domain Names
A recent court decision highlights the difficulties of protecting domain names from exploitation by competitors. REA Group Ltd (REA) owns the domain names realestate.com.au and realcommercial.com.au from which it runs …
Protecting your Digital Assets
It is a current trend that most people are now moving away from the world of paper and towards a more digital life, which in turn has created a new …
A New Approach to Duty to Repair and Maintain
A recent decision contradicts the legal view for the past 20 years on claims for damages by lot owners against their owners corporation. In the recent case, the court of …
ACCC wins by forfeit in the first unfair contract terms case
Unfair terms and conditions will not be tolerated under the consumer watchdog’s unfair contract term rules. The Australian Competition and Consumer Commission (ACCC) has chalked up its first win on …
Personal Property Securities Act 2009 (“PPSA”) – Revisited Oct 2013
By Jacob Carswell-Doherty Excluding the ownership of real estate, most companies and individuals usually own some kind of “property”. For the purposes of this article (and subject to the definition …
Courts apply new principles to establish asset ownership
In certain circumstances, the assets that you or your company own may actually end up being legally transferred to someone else – without your agreement. This is because of the …
Deciding on a principal place of residence
In a recent case, a parcel of land was found to be exempt from land tax where the land owner was living in a garage he had built on the …
Making an appearance
Individuals should be prepared to present their case in the Fair Work Commission. A new case in the Fair Work Commission (FWC) has confirmed that lawyers need to seek permission …