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.
Commercial landlords should take note of the ACCC’s recent success in obtaining substantial orders against serviced apartment provider, Servcorp Limited. Servcorp’s precedent leases and contracts were found to include “unfair terms” which meant the terms in the contracts were unenforceable. Servcorp was required to establish a compliance program and pay significant legal costs. The case shortly preceded new Treasury laws which expanded the ACCC’s investigative powers in respect of possible unfair terms in precedent leases and contracts. This case and new legislation should prompt landlords to seek expert legal advice as to their exposure to risk under existing precedent leases and contracts.
Have you ever wondered how workplace laws might change if the ALP wins the upcoming Federal Election? Our Employment lawyers give their take on the possible changes.
The issue concerning the lawfulness of unpaid work trials is long-standing and contentious. In a recent decision handed down by the New Zealand Employment Relations Authority, a Wellington woman was awarded $9000 after working a full shift only to be told afterwards that it was an unpaid trial.