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Court Decision

When is an absolute discretion not absolute? When it’s bonus time!

Bonus or incentive schemes are commonplace in employment contracts, partnership agreements and similar. It is also not unusual for them to state that the payment or amount is “entirely at the discretion” of the payer, or words to that effect. How

  • Covid-19
  • Coronavirus
  • Reduce costs
  • Bonus
  • Dispute Resolution
  • Litigation
  • Workplace and employment
  • Payment
  • Performance; not-for-profit and charities

Article

The risks of working in heat

With warmer weather approaching, it is vital that if workers are going to be working in the heat, that a person conducting a business or undertaking has a plan in place to manage the risks associated with working in the heat.  This is especially pe

  • Construction
  • Agribusiness and food
  • Resources energy and projects
  • Leisure sport and entertainment
  • Workplace and employment
  • Dispute Resolution
  • Health and safety
  • Working conditions
  • Heat wave
  • Summer 2021

Article

Do I need to update my terms and conditions?

In times of increasing economic uncertainty, cashflow is a key driver for all businesses. Do your existing terms and conditions give you the best possible protection when it comes to ensuring that you get paid by your customers on time? Poorly drafte

  • T&cs
  • Entrepreneur
  • Small business
  • Startup

Article

Have you had a gutful? Internal disputes in the time of corona

Now, more than ever, we are seeing the bonds that previously held together businesses beginning to fray. As cashflow dries up, staff are stood down or laid off and creditors begin to circle, tensions within businesses are rising. In closely held bus

  • Covid-19
  • Coronavirus
  • Pandemic
  • Health
  • Partnerships
  • Joint venture
  • Recession
  • Economy
  • Economic downturn,

Legislation Update

Is your business prepared? WA set for increases to penalties for workplace safety offences

The Western Australian Government has recently signalled significant changes to the Occupational Health and Safety Act 1984 (WA) (OHS Act). The proposed changes place Western Australian businesses on notice, as penalties for business owners who com

  • Workplace health and safety
  • WHS
  • Occupation
  • Penalty

Article

Solar Batteries - What protections are available when things aren't looking bright?

Amidst the aftermath of the South Australian blackouts and subsequent talk of a looming energy crisis, more and more Australians appear to be turning to solar powered energy storage systems (commonly referred to as “solar batteries”) to reduce el

    Court Decision

    Do you have a right of appeal?

    Appeals are often referred to as “creatures of statute.” This is because a dissatisfied litigant does not have an “automatic” right of appeal. The right to appeal is governed by the applicable legislation. Therefore, before proceeding with a

      Article

      D&O insurance: What are you covered for?

      The Supreme Court of Victoria recently dismissed James Hird's bid to recover the legal costs associated with his court challenges against the Australian Sports Anti-Doping Authority (ASADA) from Essendon's D&O insurer, Chubb.   In June 2014, Hi

      • Dispute Resolution
      • Sport law
      • Leisure sport and entertainment

      Court Decision

      Multinational employer ordered to pay $100,000 for general damages in landmark sexual harassment case

      Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 The Full Court of the Federal Court of Australia earlier this week handed down a landmark decision concerning the assessment of general damages for victims of sexual harassment who suf

      • Assessment of general damages
      • Workplace injury
      • Assault
      • Work colleague
      • Employment

      Court Decision

      Queensland Supreme Court decision a first step towards new disclosure regime

      In the first case of its kind in Queensland, the decision of Justice Applegarth in Central Queensland Mining Supplies Pty Ltd v Columbia Steel Casting Co Inc [2011] QSC 183 has introduced a new disclosure regime that is consistent with the Court's p

      • Disclosure
      • Distribution agreement
      • Discolsable documents

      Legislation Update

      How the Australian Consumer Law will affect your business’ transactions

      From 1 January 2011, all Australian businesses will operate under a unified national consumer law, called the Australian Consumer Law (ACL). The new law will apply to consumer transactions in all Australian States and Territories, whether conducted f

      • Australian Consumer Law