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Business & Commercial Law

Business & Commercial Law September 15, 2019

WHEN CAN A CASUAL REQUEST TO BE TREATED AS FULL OR PART TIME EMPLOYEE?

During October 2018, the Fair Work Commission determined to include in most (but not all) Modern Awards a “casual conversion” provision. By Ron Gorick, Partner This provision means that an employee who is engaged as a casual employee, who had been employed for at least 12 months and who during that period worked a pattern […]

Business & Commercial Law September 9, 2019

HOW “CASUAL” IS THIS?

Over the recent past there has been debate and controversy in respect of casual employment. By Ron Gorick, Partner Casual employment is not uncommon. In many instances, casual employment suits both parties to the arrangement. While a casual employee does not have “security of tenure” the employee is to be paid the required casual loading, […]

Business & Commercial Law September 1, 2019

ACCESSORIAL LIABILITY FOR FAIR WORK ACT BREACHES

The Fair Work Act has provisions in respect of holding persons in an employer’s organisation or outside advisors personally liable for breach of the Fair Work Act, if they were aware of the contravention. By Ron Gorick, Partner   Accessorial liability extends to such persons as company directors, human resource managers, other managers and accountants. […]

Business & Commercial Law November 9, 2016

Extension Of Consumer Protection Laws To Benefit Small Businesses

On 12 November 2016, the Australian Consumer Law (”ACL”) will be amended to extend the protections given to consumers there, to small businesses. It will apply to standard form contracts entered into on or after 12 November 2016 and also to standard form contracts which are renewed or varied after that date.

SurfStitch Group Limited

Diamond Conway is presently investigating a possible class action on behalf of shareholders against SurfStitch Group Limited.

Business & Commercial Law September 7, 2015

“Orange” Is The New “Black”?

Thankfully, neither an orange nor the TV show “Orange is the new Black” has any relevance to this paper. The point of this paper is to consider the principles of finality, certainty and predictability in our legal system through a recent case study.

Business & Commercial Law January 28, 2015

The Litigation Landscape: Post-Aon Risk Services v Australian National University – Five Years On

Introduction It is now just over five years since the High Court handed down the seminal decision of Aon Risk Services Australia Ltd v Australian National University1 (“Aon”). Aon fundamentally changed the way in which litigation is conducted. It has addressed delay in amendment or late reliance on evidence which, prior to Aon, was seen […]

The High Court’s unfortunate analysis in Clark V Macourt;

Let’s hope it’s not a seminal decision The decision in Clark v Macourt[1] is a terrific example of the idea that the High Court is right because it’s final, not final because it’s right. The High Court has ruled that in quantifying the damage a person has suffered as a result of breach of contract, […]

The National Business Name Register

The new rules will apply to any business that sells goods or services to consumers in trade or commerce. Has your business registered its business name? ASIC is making life easier by cutting the red tape… Key Points In NSW the Business Names Act 2002 (NSW) is being replaced by the Business Names Registration Act […]

Business & Commercial Law November 1, 2011

The requirements for creating a valid e-commerce contract

The requirements for creating a valid e-commerce contract In recent years, online shopping has exploded in popularity, with many Australians taking advantage of the strong local dollar and the ease of making purchases online. As a result of consumers doing more shopping on the internet, small businesses may have begun to consider the viability of […]

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