The new Franchising Code recently took effect, introducing some important reforms to Australia’s franchising laws. Non-compliance can result in significant penalties, so it is important for franchisors to understand and comply with their obligations under the new Code.
In the modern world of family law, prescriptions for medicinal cannabis are an ongoing source of friction between a parent’s right to maintain a treatment plan endorsed by their doctor and the paramount importance of mitigating, and wherever possible eliminating, any risk that substance use poses to a child’s safety and wellbeing.
In a recent decision, the High Court of Australia considered the nature of an ‘understanding’ for the purposes of the restrictive trade practices provisions within Part IV of the Competition and Consumer Act 2010 (Cth).
It may be possible to enter a financial agreement that gives different financial outcomes if a party commits infidelity. However, there is a risk such clauses may not be easily enforced, affecting the validity of the rest of the agreement.
A financial agreement is a complex legal document that needs to be drafted carefully and tailored to your specific needs. Attempting to save money by using an internet template creates a real risk that the document may be set aside in the future and, in the long run, end up costing you more.
Separated parents often disagree about their children’s extracurricular activities. A frequent query for family lawyers is how a court resolves the issue and whether the children should be allowed to decide. The judicial stance is clear: without mutual parental agreement, the court will not require parents to take children to extracurricular activities.
‘Non-use’ of a registered trade mark can result in the trade mark being deregistered. The recent Federal Court decision of Seven Network (Operations) Limited v 7-Eleven Inc considered this issue and the use required to maintain trade mark registration.
There can be enormous impacts when commercial organisations are called upon to be involved in royal commissions or commissions of inquiry. Understanding the legal framework underpinning these proceedings and the issues that commonly arise from an organisational perspective can assist in mitigating the challenges.
In a recent case, the Fair Work Commission has found that an employer’s requirement for an employee to work a 40-hour week was unreasonable and a contravention of the Fair Work Act.
A labour hire company has been ordered to pay over $20,000 in compensation following the unfair dismissal of an employee some 24 hours after a failed drug test and safety indiscretion.
The Full Bench of the Fair Work Commission has upheld the dismissal of an employee, agreeing that the seriousness of a positive test result for methamphetamine outweighed the employer’s failure to follow policies and procedures.
The High Court has awarded an employee damages for psychiatric injury as part of a breach of contract claim following an employer’s failure to follow its disciplinary procedure.