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Australia: The Therapeutic Goods Act: Assuming it does not apply to you may be bad for your health - Bartier Perry

Products which are also regulated include certain sunscreens, acne treatments, soaps, anti-perspirants and hair products.
Mondaq - Published

Australia: Avoiding landmines: Estate planning and CGT event K3 - Lynn & Brown

This article highlights a few of the ways in which CGT event K3 can impact your estate and why it should be considered.
Mondaq - Published

Australia: Flowchart of the estate planning process - Lynn & Brown

It is difficult to know what to do when someone dies. Here is a simplified flowchart of the main steps in the process.
Mondaq - Published

Australia: The Royal Commission and the distinction between wholesale and retail clients in the financial services industry - A missed opportunity? - Holley Nethercote commercial & financial services lawyers

The issue was not raised in the public hearings and was not mentioned in either the Interim Report or the Final Report.
Mondaq - Published

Australia: Employee who failed to disclose criminal history unfairly dismissed - Cooper Grace Ward

Employers should carefully consider if an employee's criminal history is relevant to inherent requirements of the role.
Mondaq - Published

Australia: When a demotion constitutes dismissal - Cooper Grace Ward

The FWC found that the demotion of the employee amounted to a dismissal for the purposes of the Fair Work Act 2009.
Mondaq - Published

Australia: Employer liable for dismissal of store supervisor during probationary period under General Protections Provisions - Cooper Grace Ward

An employer was ordered to pay compensation to a store supervisor after she was dismissed during her probationary period.
Mondaq - Published

Australia: Belindas top five tips for conducting an internal workplace investigation - Cooper Grace Ward

Before embarking on any internal investigation, we recommend that an employer should consider these five top tips.
Mondaq - Published

Australia: Hayne Royal Commission final report - Governance: Balance, Responsibility and Escalation - Norton Rose Fulbright Australia

Commissioner Hayne stressed on the responsibility that all boards have where misconduct occurs within an organisation.
Mondaq - Published

Australia: Facebook data ruling in Germany: What does it mean for Australia? - Corrs Chambers Westgarth

This decision was taken under rules on abuse of a dominant position (misuse of market power prohibitions in Australia)
Mondaq - Published

Australia: Dead driver owes police officer duty - HBA Legal

Negligent drivers who cause an accident owe a duty of care to police officers who attend the accident scene.
Mondaq - Published

Australia: Proposed repeal of IP exemption to competition law has companies racing to review IP contracts - McCullough Robertson

Once this Bill becomes law, IP owners need to make sure their licences and assignments do not breach competition law.
Mondaq - Published

Australia: Valentines Day in the workplace - sexual harassment? - Swaab

Unwelcome conduct with a sexual element (as many Valentine's Day cards and gifts do) could constitute sexual harassment.
Mondaq - Published

Australia: Contract of Employment - Part 2 - PCC Employment Lawyers

Part 2 addresses other situations where terms may be incorporated, such as other extrinsic documents or representations.
Mondaq - Published

Australia: E-Alert: First successful Work Health & Safety Category 1 prosecution in Queensland - Broadley Rees Hogan Lawyers

This sentence is a heavy reminder of serious penalties employers may be exposed to if they fail to comply with WH&S laws.
Mondaq - Published

Australia: Valentines Day cyber scams to watch out for in 2019 - Kott Gunning

Before you press that button, or click that link, these are 3 cyber scams and quick pointers on what to be aware of .
Mondaq - Published

Australia: A good reason for a Special Purpose (Liquidator): suspected illegal phoenix activity - Corrs Chambers Westgarth

The Federal Court appointed a Special Purpose Liquidator (SPL) to investigate suspected illegal phoenix activity.
Mondaq - Published

Australia: My employee resigned and now says that they were forced to do so! Constructive dismissal explained - Coleman Greig Lawyers

Constructive dismissal is when an employee resigns, but then claims that they really had been forced into that decision.
Mondaq - Published

Australia: NSW legislative changes to curb illegal dumping of asbestos waste - Corrs Chambers Westgarth

The 2018 amending act has doubled penalties and created new offences for the unlawful disposal and use of asbestos waste.
Mondaq - Published

Australia: Sticks and stones: Banking Royal Commission Final Report signals further regulatory shake up for superannuation - Corrs Chambers Westgarth

The Recommendations recognised the importance of improving the regulation and supervision of the superannuation industry.
Mondaq - Published

Australia: Airport operators management of kangaroo risk reconsidered - Colin Biggers & Paisley

Summary of recent case where sections 5F, 5H and 42 of the Civil Liability Act were applied.
Mondaq - Published

Australia: How to speed up Family Law cases - Justice Family Lawyers

Laws about how to speed up family law cases pursuant to the Family Law Rules 2004. Case example provided.
Mondaq - Published

Australia: Common questions regarding parenting rights post-separation - Mellor Olsson Lawyers

Article poses questions and provides answers to common questions regarding parenting rights post-separation.
Mondaq - Published

Australia: Heatwave on climate change for company executives this summer - Hazelbrook Legal

The heat is rising on senior corporate executives in relation to climate change risk management.
Mondaq - Published

Australia: Employee alleging bullying tries to return to former work area - M+K Lawyers

Employers are able to take reasonable action to protect employees in the event of bullying complaints.
Mondaq - Published

Australia: Successfully defending an intervention order - Andersons Solicitors

Intervention orders – what they are, what it means, what happens, breaches, why and how to defend against one.
Mondaq - Published

Australia: Can adults be adopted? - Andersons Solicitors

Article discusses how adults can now be adopted under s10A Adoption (Review) Amendment Act 2016 (SA).
Mondaq - Published

Australia: New Zealand trademark update: Another failed opposition for Barossa Valley Estate Pty Ltd - Spruson & Ferguson

Trade mark may proceed to registration albeit with a disclaimer recorded against it.
Mondaq - Published

Australia: New Zealand trademark update: ACTIPHEN too similar to ACTAZIN to register - Spruson & Ferguson

Discussion about recent case where company succeeded in opposing a trademark on the basis of its prior registered trade mark.
Mondaq - Published

Australia: Check non-real estate securities for possible expiry: key reminder - Colin Biggers & Paisley

Article warns to check the expiry date on any securities that are registered on the Personal Property Securities Register.
Mondaq - Published

Australia: Have I just breached privacy laws? I did not use the BCC email function! - Madgwicks

Article reminds us to check, re-check and check again the intended recipients of an email containing personal information!
Mondaq - Published

Australia: Further exploration acreage released in QLD following coal reserves upgrade - Cooper Grace Ward

Following recent geological report, more land has been declared open for exploration across Queensland.
Mondaq - Published

Australia: Indemnity clauses – be careful what you wish for - McCullough Robertson

How to recognise some of the common types of indemnity clauses and points to consider when employing such clauses in contracts.
Mondaq - Published

Australia: Of droughts and flooding rains: Haynes final report and lending to agricultural enterprises - Norton Rose Fulbright Australia

Article explains and discusses recommendations made by Commissioner Hayne in relation to lending to agricultural enterprises.
Mondaq - Published

Australia: Queensland government Bulletin - Media releases, in practice and in courts, articles, papers, reports, cases and legislation. - Holding Redlich

This bulletin includes links and summaries to recent media releases and new developments within Queensland government law.
Mondaq - Published

Australia: Another combustible cladding apartment fire – has your building been registered? - Bartier Perry

Informative discussion about the new NSW Cladding Registration Regulation.
Mondaq - Published

Australia: Modern slavery – is your supply chain ready? - Bartier Perry

Article discusses the new Modern Slavery Act 2, when it comes into effect, who it applies to and what you need to do etc
Mondaq - Published

Australia: Developing a shared understanding of sexual harassment - Swaab

Article defines sexual harassment and sexually harassing behaviours and looks at prevention and resolution of complaints.
Mondaq - Published

Australia: Employee vs contractor: Foodora update - PCC Employment Lawyers

Further developments since recent decision that found a Foodora driver to be an employee rather than an independent contractor.
Mondaq - Published

Australia: Party autonomy and the new regime of institutional arbitration - Corrs Chambers Westgarth

Key aspects of ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration.
Mondaq - Published

Australia: IP: Winning tenders and increasing your competitive advantage - Shelston IP

Article advocates for a structured IP strategy/portfolio and lists some benefits that could be realised.
Mondaq - Published

Australia: Update: Security of Payment Amendments in NSW receive royal assent - Norton Rose Fulbright Australia

Article sets of key information gathered from the SOP Reforms – Implementation, Options Paper - December 2018.
Mondaq - Published

Australia: Finance and banking financial services monthly wrap up – December 2018 and January 2019 - Norton Rose Fulbright Australia

Article contains information on recent developments in the finance and banking industry, as well as other industry news.
Mondaq - Published

Australia: Is your cross-border non-disclosure agreement working for you? - Hazelbrook Legal

Article focuses on additional considerations involved when drafting a NDA that is a cross-border NDA eg governing law.
Mondaq - Published

Australia: Employers caught off guard regarding long term casual workers - Hazelbrook Legal

The Federal Court has ruled that workers engaged as casuals may be entitled to annual leave.
Mondaq - Published

Australia: Agreement or deed: what is the difference? - Hazelbrook Legal

Article discusses the differences between agreements and deeds.
Mondaq - Published

Australia: Crown land policies in New South Wales - McCullough Robertson

All NSW crown land policies, including native title and the aboriginal land claim assessment process, are being updated.
Mondaq - Published

Australia: Haynes final report: The fundamental importance of leadership, governance & culture in the Australian financial services industry - Norton Rose Fulbright Australia

Hayne commented that, until recently, too little attention has been given to regulatory compliance and conduct risk.
Mondaq - Published

Australia: Beyond the Banking Royal Commission: 9 key implications of the Hayne Report for corporate Australia - Corrs Chambers Westgarth

Although the focus of the Commission was on the financial sector, many of the issues were common across other industries.
Mondaq - Published

Australia: Safe as houses? The rewards and risks of working from home - MDC Legal

Employers should ensure safe and secure workplace practices at home are reflected in a clear 'Working from Home' policy.
Mondaq - Published

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