In-house counsel duties under the spotlight: ASIC v Bekier
When known risks don’t reach the Board, the consequences for in‑house counsel and the company come into clearer focus.
By Michael Legg - 2 min read
The pain of company guarantees: beware hidden tax stings
A third-party loan guaranteed by a private company can be deemed an unfranked dividend to the borrower under division 7A of the Income Tax Assessment Act…
By Jim Main - 2 min read
What’s in a name? Substance is key in franchise agreements
The recent NSW Court of Appeal decision in Workplace Safety Australia v Simple OHS Solutions Pty Ltd [2015] NSWCA 84 confirms that distribution and other agreements may…
By Paul Martin - 2 min read
The dynamics of enterprise bargaining
In the landmark case of Aurizon Operations Ltd [2015] FWCFB 540, the Full Bench of the Fair Work Commission rejected the notion that it is inappropriate to…
By Jack de Flamingh and Stephen Jenkins-Flint - 1 min read
Payday lending practices: why unethical loans are harming the vulnerable
A ‘payday loan’ or small amount credit contract is a credit contract for an unsecured loan of $2000 or less for a term of at…
By Alexandra Kelly - 1 min read
Bank fees class action: ‘forward-looking’ to the High Court
The Full Court of the Federal Court of Australia in Paciocco v Australia and New Zealand Banking Group Ltd [2015] FCFCA 50 has overturned the decision of…
By Rachel Quigley - 2 min read
Technology-facilitated stalking and abuse: putting our legal framework to the test
Technology-assisted stalking and abuse is a form of domestic violence (DV) that is rapidly on the rise. By CHARISSA SUN.
By Charissa Sun - 2 min read
The Legal Profession Uniform Law: new requirements for government and corporate lawyers
Under the Legal Profession Uniform Law, government and corporate lawyers will generally be required to be admitted and hold a practising certificate. By CHELLY MILLIKEN.
By Chelly Milliken - 2 min read
Breaking up is hard to-do: dual regulation of migration lawyers set to end
Immigration lawyers are currently the only practitioners in Australia subject to dual regulation. By ROBERT WALSH and SIMON HAAG.
By Robert Walsh and Simon Haag - 1 min read
Do I suggest an informal will? The Howe v Fischer appeal
Claims against solicitors by disappointed beneficiaries on the basis of delay in will preparation are on the increase. By RAY WARD and PETER MORAN.
By Ray Ward and Peter Moran - 1 min read
Domestic violence: evidence-in-chief reforms commence
The Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 amends the Criminal Procedure Act 1986 to allow video or audio recorded statements taken from a domestic violence complainant to…
By Anastasia Krivenkova and Sean McDermott - 2 min read