Astroturfing – Misleading advertising on social media
Astroturfing refers to an orchestrated expression of support for a cause, product, service or policy designed to give the impression of a grassroots movement. Under Australian law, if a business engages in this type of practice and misleads consumers, it breaches both the law and the advertising code of ethics. There have been a few […]
STRATA LAW – Court puts limit on insurer taking it to excess
The amount of the excess payable by an owners corporation when a claim is made on a home owner's warranty insurance policy in relation to common property building defects has now been determined by the courts in NSW. A recent court case establishes that when a claim is made by the owners corporation on the […]
Personal Information – Lessons from recent privacy violations
News of data security breaches at major organisations that reveal thousands of individuals' personal information is not uncommon these days. Privacy impact assessments can be an important method of lowering the risk. Inadequate security may be a breach of Australia's privacy laws, but the actions of customers and the media may create more havoc and […]
Handling a Tax Debt – Identifying technical issues is key
Unless you are a taxpayer who is self-assessing and subject to pay-as-you-go instalments, the general rule is that tax has to be paid within 21 days of receiving a notice of assessment. The tax office doesn't have to prove its assessments are correct. It is up to the taxpayer to prove one is wrong and […]
ROAD RULES – Heavy vehicle signage found to be outside the rules
The NSW Supreme Court has questioned the legality of heavy vehicle signage, which may render unsafe past convictions for contravention of these signs. Heavy vehicles are compelled by signage to enter heavy vehicle checking stations for assessment of their suitability to carry loads. In defending their prosecution for failing to comply, the lawyers for two […]
OH&S – When is it safe to dismiss employees?
A string of recent unfair dismissal cases has seen employees reinstated to their former positions following dismissal for breaches of safety regulations and practices. In recent occupational health and safety cases, the Fair Work Australia authority has considered various factors that lessen the severity of actions taken against employees. To avoid costly court cases, employers […]
MEDIATION – Court is not the only way to resolve a dispute
Mediation can be a much more user-friendly way of resolving a dispute than going to court, and it has a proven success rate. Mediation is informal and, if successful, provides a cheaper and quicker means of settling differences. Statistics show that more than 90 per cent of cases are settled before they reach court. Mediation […]
Illusory Savings – Misleading two-price comparisons under attack
The ACCC has been vigorously pursuing companies that quote misleading higher prices in comparison to so-called sale prices. Two-price advertising, often called comparative price advertising, contrasts the sale price with a higher price for the same or a similar product. It usually takes one of four forms: recommended retail price, 'was/now' advertising, strike-through and competitor […]
GREEN RETROFITS – New environmental upgrade agreements
Market barriers that have previously prevented owners from improving their buildings' green credentials have been removed with new laws allowing for environmental upgrade agreements. If you are a building owner, the opportunity may be there for you to improve the energy efficiency of your building through the newly introduced environmental upgrade agreements (EUAs). The agreements […]
Sham Contracting – Two parts to employee test involves intuition
Whether someone providing services to a business is classed as an employee or independent contractor can be difficult to assess, but the distinction is important, and failing to establish it correctly can prove costly. In a recent case, an interpreting and translating business which classified its interpreters as independent contractors found itself facing penalties. The […]