It is common in civil litigation, and particularly in debt recovery claims, for a letter of demand to be sent before initiating court proceedings. A recent appeal heard in the Supreme Court of Queensland highlights the need to ensure that letters of demand are drafted appropriately and contain all the necessary elements to ensure that they are legally valid and achieve their intended purpose.
In one of the most important decisions affecting franchising in Australia, we examine how the Federal Court determined the number of contraventions and calculated the penalty of $2,604,000 imposed on Ultra Tune. MST Lawyers Principal, Philip Colman, steps through the key points in the decision handed down by Justice Bromwich.
Court of Appeal Confirms Services to be Provided under Consumer Guarantees Not Limited by Contractual Obligations
In the recent decision of Scenic Tours Pty Ltd v Moore  NSWCA 238, a decision by the Court of Appeal partially found that a luxury travel company was liable for breaches of consumer guarantees under the Australian Consumer Law. This decision overrode the travel company’s contract limiting its liability to clients.
The decision also clarified when damages for disappointment and distress would be available to claimants under the Australian Consumer Law.
The PAYG Penalty can have very costly personal implications for directors of companies that become insolvent. In a recent decision, Stellar Corporate Solutions failed to remit PAYG tax to the ATO and as a result, their director was deemed personally liable for the substantial debt that was incurred. This article highlights the importance for directors to appreciate the personal finacial implications that may result from failing to pay this particular tax.