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Lewis Holdway News

commercial mediation dispute lawyers melbourne

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: …

insolvency practice rules - insolvency lawyer melbourne

New Year, New Insolvency Practice Rules

March 16, 2017

Changes to Insolvency Practice Rules A number of changes to Australian insolvency law will come into effect in March 2017. These changes will include the Insolvency Practice Rules. The new rules will have significant impact on creditors, and are anticipated to widen creditor’s powers in external administrations. A number of these changes are briefly discussed…

PPS registrations - PPS lawyers melbourne

Case Update: Take care when completing PPS Registrations!

March 16, 2017

Make sure you get your PPS Registrations right. The recent decision of the case of In the matter of OneSteel Manufacturing Pty Ltd (Administrators Appointed) [2017] NSWSC 21 is a sobering reminder of the importance in ensuring that your PPS Registrations are accurate and in compliance with the Act. The judgement is unequivocal confirmation that registrations…

directors duties - duty of care - corporate lawyer melbourne

Directors Duties: Duty of Care and Diligence

March 16, 2017

More on Directors Duties Since our last edition of Directions, we have received further enquiries about directors duties and how best to ensure compliance with section 180(1) of the Corporations Act 2001 (Cth) – the obligation to exercise care and diligence in the discharge of a director’s duties. For this reason, it worthwhile for us…

misleading and deceptive conduct - business lawyers melbourne

Don’t be a Pain! Heavy Penalties for Misleading and Deceptive Conduct

March 16, 2017

The laws against misleading and deceptive conduct are found within the general protections of the Australian Consumer Law (“ACL”). This means it is a protection afforded to consumers and to parties engaging in trade and commerce. As consumer watchdog, the ACCC continues to investigate and bring action against organisations who engage in misleading and deceptive…