General

Where The Better Equity Lies: A Lesson In Registering Interests

This month, the Victorian Supreme Court took into consideration the conduct of lenders to determine which competing interest should have priority when there are only limited funds available to split between parties.

The Court found that lenders must act with diligence to register their security interests to ensure that they are protected against claims of third parties or risk losing out financially.

How Ordinary And Customary Turnover Of Labour Affects Redundancy Entitlements

The recent Federal Court decision involving a subsidiary of Spotless Management Services clarifies the circumstances of when the redundancy pay exception for ordinary and customary turnover of labour applies.

Employers must demonstrate that the decision to terminate an employee’s employment with based on their labour turnover was “common and usual, and a matter of long-continued practice” for their business.

Misleading And Deceptive Advertising: Avoiding The Headache

The Federal Court decision against the manufacturer of Nurofen serves as a reminder of advertiser’s obligations when making claims about their products. The decision handed down in January 2018 provides guidance about what a proper scientific basis is to support a representation made in an advertisement. A proper basis is vital in order to avoid potential liability arising out of the operation of the misleading and deceptive conduct provision under the Australian Consumer Law for those who get it wrong.

Leases and Licences – What’s The Difference Anyway?

To the untrained eye, leases and licences may appear to effectively do the same thing. In reality, they are two very different beasts and it is important for anyone entering into one or the other, to understand some of the fundamental differences.

Learn about the differences in the nature, rights and obligations that arise under each arrangement.