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Lewis Holdway News

Registering on the PPSR – to AB- or AC-N, that is the question

June 8, 2017

By Amanda Carruthers The recent decision of the Supreme Court of New South Wales In the matter of OneSteel Manufacturing Pty Ltd has provided a clear warning about the consequences of incorrectly registering your security interests on the Personal Properties Security Register (“PPSR”). When registering your security interest on the PPSR, the details you are…

Payroll that just doesn’t pay: Accountants targeted for accessorial liability in underpayment claims

June 7, 2017

By Adam Foster In the recent case of FWO -v- Blue Impression Pty Ltd & Ors [2017] FCCA 810, the Federal Circuit Court recently held an accounting firm liable as an accessory to an employer’s underpayment of wages and breach of the Fair Work Act 2009 (Cth) (“Act”). In 2014, the Fair Work Ombudsman (“FWO“)…

Fake Online Reviews, Real World Consequences

June 7, 2017

By Joshua Davis Aveling Homes, a Perth-based home builder, is being taken to Court by the Australian Competition and Consumer Commission (ACCC) for misleading representations concerning consumer review websites. It is alleged that the company created and controlled online review websites. They did this by actively creating review websites and giving the false impression that…

Unfair Consumer Contract Terms: No, You are Not the Exception

June 7, 2017

By Joshua Davis The Australian Competition and Consumer Commission (ACCC) has given a fresh warning that 2017 is the year to remedy unfair contract terms and prioritise the protection of small businesses. This announcement by the ACCC’s Deputy Chair follows the introduction of the new business-to-business (“B2B“) unfair contract terms laws in November 2016. (You…

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The Impact of Psychological Priming in the context of Commercial Law Mediation

April 20, 2017

Many factors can influence how receptive a party will be to commercial mediation, and can impact their willingness and ability to develop and consider creative solutions, and their preparedness to engage meaningfully in the process, with an ultimate aim of settling the dispute. Some of those factors or “primes” (including colour, venue, and language choices)…

employee or volunteer lawyer melbourne

Volunteer or Employee?

March 30, 2017

The recent decision of Grinholz v Football Federation Victoria Inc. has provided much needed clarity surrounding the classification of volunteers’ vis a vis employees. In this decision, the Fair Work Commission was required to determine whether a coach, who was paid on honorarium was an employee or volunteer for the purposes of an unfair dismissal…

unfair dismissal small business code employment lawyer melbourne

Small Business Code No Defence for Unfair Dismissal

March 23, 2017

In the recent decision of Brewer -v- On the Spot Dry Cleaners, one employer learnt the hard way when it was found that they had not followed the Unfair Fair Dismissal Small Business Code. The Fair Work Commission has reminded employers that they must get the termination process right, even when using the Small Business…

working with children check WWCC - employment lawyers melbourne

Working with Children Check Changes

March 16, 2017

In our December 2016 edition of Directions, we flagged that some significant changes to the Working with Children Check requirements had been proposed by the Victorian Government. Click here for our article. The Victorian Parliament has now passed those changes.  At this stage they are scheduled to come into effect on 1 August 2017. We recommend…

unfair dismissal - employment lawyers melbourne

Unfair Dismissal Claim: Dishonesty Never Pays

March 16, 2017

One employer learnt the hard way what happens when you lie about the reason for terminating an employee while at the same time trying to invoke the Small Business Code as a shield from an unfair dismissal claim. The recent decision of Mark Groves –v- Armitch Pty Ltd [2017] FWC 826 (“Groves Case”) confirmed, if…

child-safe standards - employment lawyers melbourne - not for profit

New Child-Safe Standards in Victoria

March 16, 2017

On 1 January 2017, compulsory new child-safe standards came into force in Victoria.  They are designed to ensure that: the safety of children is promoted; child abuse is prevented; and allegations of child abuse are properly responded to.  Who do the new Child-Safe Standards apply to? As of 1 January 2017, the standards apply to: …