New Victorian Labour Hire Licensing Legislation – Everything You Need To Know

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New Victorian Labour Hire Licensing Legislation – Everything You Need To Know

A 2015 Victorian Inquiry into Labour Hire and Insecure Work found evidence of exploitation of workers in the labour hire industry. The Inquiry resulted in many recommendations including the establishment of a labour hire licensing scheme in Victoria to protect vulnerable labour hire workers. With new legislation coming into play later this year, this article explains the effects on the industry.

Family Trusts: Where Detail Is Paramount

Disputes over trust assets can tear families apart. A recent case in the Supreme Court of Victoria has put the spotlight on many of the issues associated with establishing and maintaining Family Trusts and the importance of obtaining appropriate estate planning advice.

Unfair Contract Terms Fairly Dealt With

Continuing our commitment to advising and guiding those involved in the franchise industry, MST Lawyers has prepared articles about the introduction of unfair contract terms law for small business. This piece reports on the latest case judgment. Australian Competition and Consumer Commission (ACCC) v Servcorp Limited [2018] FCA 1044 (Servcorp) showcases that the enforcement and compliance of these new laws is a priority for the ACCC and further develops our understanding of what the courts are classifying as unfair contract terms.

Obtaining Injunctions After Termination Of A Contract: The Role of Good Faith

Recently the Supreme Court of Victoria had to determine in Delahunt v Swim Loops Pty Ltd [2018] VSC 269 whether the Franchisees should be granted an injunction to allow them to regain possession and operation of the business while proceedings were before the Court. The Franchisee argued that the Franchisor had terminated their Franchise Agreement in addition to being evicted from the franchise premises.

The Court granted the injunction allowing Mr and Mrs Delahunt back into the business to continue to operate it subject to a resolution of other issues.