misleading and deceptive conduct - business lawyers melbourne

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

By Lewis Holdway / 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…

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PPS leases - PPS lawyer melbourne - PPSR

PPS Leases: Proposed changes to the PPSA

By Lewis Holdway / March 9, 2017 /

The federal government has introduced the Personal Property Securities Amendment (PPS Leases) Bill 2017 into the House of Representatives. This bill proposes to make some significant amendments to the Personal Property Securities Act 2009 (Cth) with respect to leases for goods. We anticipate that it will be passed by both houses in the not-too-distant future. If a lease for goods…

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electronic signatures - contract lawyers melbourne

Electronic Signatures – How Do I Sign?

By Lewis Holdway / March 6, 2017 /

We are often asked by clients whether or not they are able to sign electronically and/or should accept electronic signatures. In reality, the answer depends on the situation. This article gives a brief overview of some circumstances in which electronic signatures are and are not a valid means of executing a legal document. Do I…

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genuine redundancy employment lawyer melbourne

Redeployment obligations under Genuine Redundancy – Be reasonable.

By Lewis Holdway / February 22, 2017 /

The recent Fair Work Commission Full Bench decision in Skinner v Asciano Services Pty Ltd [2017] FWCFB 574 has shed new light on what the Tribunal will consider to be a reasonable genuine redundancy. Generally speaking, there is no obligation on an employer to implement or facilitate a swap arrangement between employees whose positions are…

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trademark lawyer business lawyers melbourne

Not Such a Signature Trade Mark

By Lewis Holdway / February 20, 2017 /

The owners of Yalumba and Jacob’s Creek wine recently battled it out in the Federal Court over an alleged trademark infringement. The issue was whether the Jacob’s Creek “Barossa Signature” sub-brand was deceptively similar to “The Signature” trademark which was previously registered for Yalumba wine. The facts In September 1999, Adelaide based Samuel Smith & Son, owners of…

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privacy breach - privacy lawyer melbourne - lewis holdway lawyers

To Report or not to Report: Mandatory Privacy Breach Reporting Obligations

By Lewis Holdway / February 16, 2017 /

The Federal government has recently passed new legislation which amends the Privacy Act 1988 (Cth) (“Privacy Act”), by making it mandatory for entities to self-report a privacy breach. Overview The Privacy Amendment (Notifiable Data Breaches) Bill 2016 amends the Privacy Act to oblige certain entities to notify affected persons and the Privacy Commissioner if an…

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Avoiding the Storm: the kind of breaches of director’s duties that ASIC eyes

By Daniel Van Leuverden / December 15, 2016 /

By Caroline James Where a director breaches his or her duties as prescribed in the Corporations Act 2001 (Cth) (“the Act”), the shareholders of the company are usually the victims, which means that the duty is owed to the company. As a result of this, ASIC will usually prosecute the directors for such breaches if…

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Kearley Lewis: Experts in Commercial Debt Recovery

By Daniel Van Leuverden / December 15, 2016 /

If you have visited our website recently, you would have noticed a link to the “Lewis Holdway Community.” Follow that link and you are taken to a new page outlining the organisations that our firm is associated with. The longest standing association is the one we have with Kearley Lewis mercantile agents. The two organisations…

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transfer of business unfair dismissal claim employment lawyer melbourne

Testing transfers: Getting the transfer of business right can stop unfair dismissal claims

By Daniel Van Leuverden / December 15, 2016 /

What happens when you purchase a business, and part of the assets are the employees? For employees, this can lead to confusion about whether they are continuing their years of service or whether they are starting afresh in a new place of employment. For employers, this can lead to confusion about whether they can terminate…

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Ignorance is not bliss: Ignore an unfair dismissal claim and process at your own peril.

By Lewis Holdway / December 5, 2016 /

The recent decision of Abra v SJJ Group Services Pty Ltd is a timely reminder to employers of the implications for not responding to an unfair dismissal claim. In this case, the employer was sent the claim, and did not respond to it. It did not participate in the conciliation conference. The Employer, although directed by…

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