Businesses need to act when an employee is showing signs of distress caused by something that has occurred in the workplace. The risk of a claim will be higher if it can be shown that the business was aware of the effect the workplace environment was having on the employee.
The Code is a mandatory industry code that all Australian franchisors and franchisees must comply with. The Government has now legislated the new Code and we can now see what changes have been implemented. The new Code will apply from 1 January 2015 and will apply to all franchises across Australia. Mitchell Zadow outlines the key changes.
Self Managed Super Funds (SMSFs) are growing in popularity, as more Australians decide to take retirement into their own hands. It is important to remember however that SMSF is subject to very stringent laws and regulations which govern how the Fund can be managed, and how the assets of the Fund can be used. Mitchell Zadow outlines recent changes.
Whenever you are buying assets or a business, make sure the contract contains all the necessary warranties to ensure you are getting what the Vendor promised. The wording of the warranties can make a big difference too. As a vendor, you need to be careful to ensure that you do not promise anything you cannot deliver, or something that may not be accurate. Read here for more information.
The Privacy Act protects personal information handled by large businesses (including not-for-profit organisations) with a turnover greater than $3 million and health service providers of any size. Mitchell Zadow summaries recent changes to the Act.
The Australian Taxation Office ("ATO") has deemed that a distribution from a family company to a spouse/partner as part of a family law settlement as a taxable event. Settlements should be carefully considered and drafted to best manage taxation liability between the parties, particularly where a family company holds significant assets.
The Australian Consumer Law operates to void 'unfair' contract terms in certain types of contracts between businesses and consumers. This regime applies to consumer contracts which are in a standard form, for the supply of goods, services or an interest in land, to an individual and for personal, domestic or household use.
In the lead up to Christmas, we had a media enquiry as to whether employees who waste time at work doing online shopping risk disciplinary action or dismissal? A good question! Australians were tipped to spend close to $8 billion on Christmas presents for 2012, so an employer would be well entitled to ponder the cost to their business of online shopping during business hours!
Incorporated Associations are very common. Your local sporting club, community club or other organisation is likely to be an Incorporated Association. All Incorporated Associations must comply with certain laws and regulations. In recent months, the laws in Victoria changed after the introduction of the Associations Incorporation Reform Act 2012, which is the new Act that must be followed by all Associations. This means that practically all Associations will need to make some changes to comply with the new laws.
All businesses in Australia are now effected by the PPSR, whether by way of security interests being registered against them; or when they are registering security interests in their favour against customers. Mitchell Zadow, Accredited Specialist (Commercial Law) explains how this regiser can effect you.
For many years now, Company Directors have been personally liable in some circumstances for unpaid PAYG tax liabilities. Recent changes, however, have changed the laws relating to the liability of Directors. As a result, the risks are greater and it is more difficult for a Director to avoid penalties.
A security interest is something that secures the payment or performance of an obligation. The Personal Property Securities Act applies to tangible property such as plant and equipment, goods and materials, as well as to intangible property, such as intellectual property rights, contractual rights and book debts.
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