Employees Steal the Business – But Employers get it back
Poaching staff from competitors is not uncommon, but can be risky. Employers must be sure that new employees are not acting in breach of obligations to their former employers. In a recent High Court case, the new employer was ordered to disgorge the whole of its business, taken from the old employer, and to pay […]
Casual gets Annual Leave
Casuals can get permanent entitlements. In a recent case an employer was ordered to pay annual leave for a casual employee. If the worker looks permanent, the worker probably is. If you have casual employees, you may be at risk – read on: The Federal Court has ordered that a casual employee be paid annual […]
New Obligations: Mandatory Data Breach Notification Laws
Just when you thought discovering a data breach within your organisation was already a headache – such as a lost company computer or an employee disclosing unauthorised information – from 22 February 2018 this could become a migraine as you are now obliged to notify the Office of the Australian Information Commissioner (OAIC) and any […]
The Art of the Non-Deal
Well, Barnaby Joyce has sure gotten our attention recently. It’s as old as the hills: Two people get together, one is older and already has kids, and the younger one is female. And a similar story should get our attention this week. In this case, one man was older, and very rich, while she hardly […]
Digital Assets and Estate Matters: What happens to your online data after your death?
In today’s world nearly everything is digital, cloud storage is used for your personal files, Facebook for your social calendar and LinkedIn for your career. Most people have adjusted to technology taking over their life, but few realise that their digital footprint can also pose a real problem after death. Digital platforms are required to […]
Review of Australian Charities and Not-for-profits Commission legislation
The Australian Charities and Not-for-profits Commission (ACNC) is the national regulator of charities and not-for-profits. It is responsible for ensuring public trust and confidence in the charities and not-for-profits (NFP) sector. This includes maintaining accountability and transparency, supporting and sustaining a strong, independent and innovative sector, and promoting the reduction of unnecessary regulatory obligations. After […]
Contesting a will? Family Provision Claims
Been left out of a will? Not received what you believe you are entitled to receive? You could be eligible to make a family provision claim. Family provision claims must be made within 12 months of the death of your loved one and can only be made by ‘eligible persons’. This includes current or former […]
New EU Data Protection Laws – GDPR
Since 25 May 2018, Australian businesses which distribute goods and services to persons in the EU are now bound by strict data protection laws which are more onerous than Australian Privacy Principles. Under the General Data Protection Regulation (GDPR), personal data can only be processed if there is consent by the individual, or if there […]
Case Note: Patterson v Humfrey [2014] WASC 446
In this interesting case an oppressor shareholder was ordered to buy out the oppressed shareholder. Equal shareholders were deadlocked. One Shareholder, the plaintiff, asked the court that the other be required to sell its interest or buy the plaintiff’s interest. The defendant had the daily management of the company. The court found oppression and ordered […]
Monstered by Wayward Director – Oppressive Conduct sees Deadlocking Director forced to Sell at Fair Value
Munstermann v Rayward; Rayward v Munstermann [2017] NSWSC 133 In this case, the Supreme Court of NSW exercised its broad powers to make any orders it considers appropriate where a shareholder suffers oppressive and unfairly prejudicial conduct. The Court ordered that Mr Rayward, a director that caused a deadlock, should sell his shares to the […]