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Worksafe Alert

By Lewis Holdway / December 22, 2014 /

Some of you may be aware that Worksafe conducts psychosocial hazard management projects. This is often a physical investigation of a workplace by a Worksafe Investigator. The WorkSafe Investigator will inspect any health and safety documentation, incident reporting documentation, policies surrounding any discrimination and bullying. As a result of their investigations, they can make recommendations…

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Important Changes to Laws Governing Conveyancing

By Lewis Holdway / December 5, 2014 /

New changes to the Sale of Land Act 1962 (Vic) came into effect on 1 October 2014. Some of the changes that will affect the sale of property include: Vendors need only disclose mortgages that will pass to the purchaser; An owners corporation certificate does not need to be ordered if the owner of the…

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An Accessory that you do not want for Christmas

By Lewis Holdway / December 5, 2014 /

As the end of the calendar year beckons and Christmas approaches it is helpful to stop and re-assess. For some businesses this may be a realistic assessment of the New Year and making projections on what 2015 may bring. For others, it may be reducing or increasing staffing ratios. This may include engaging independent contractors…

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It’s not always the yeast that puffs up the bread….

By Lewis Holdway / November 24, 2014 /

“To place emphasis on advertising license that bends the truth will not only degrade the language, but lead to a culture of deception in the market”. And with that concluding sentence, Chief Justice Allsop of the Federal Court of Australia on 18 June 2014 found Coles Supermarkets Australia Pty Ltd liable for three contraventions of…

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5 things you need to know about privacy law

5 Things You Need to Know About Privacy

By Lewis Holdway / November 12, 2014 /

Privacy – it’s a broad topic so save time and read the top 5 things we think you need to know. 1.  There is no general common law or legislative right to the protection of personal privacy in Australia By personal privacy, we mean the protection of a person’s private life. This is distinct from…

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Succession Planning – What’s your exit strategy?

By Lewis Holdway / October 24, 2014 /

Are you a business owner? Do you have a succession plan? Most business owners are so concerned with satisfying customers, growing the business, and well, life, to think too much about it. “It’s too far off; I don’t have to think about it”, they say. As we get older though, those two little words grow…

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Eyes on independence and referrals: in the matter of Walton Constructions

By Lewis Holdway / October 21, 2014 /

Amanda Carruthers has recently had the following article published in the Australian Banking and Finance Law Bulletin. Summary of Outcome Australian Securities and Investments Commission (ASIC) v Franklin (liquidator), Re Walton Constructions Pty Ltd (the appeal) is a sobering judgment to read for all insolvency practitioners and referrers — be they banks with secured or…

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Directions #32

By Lewis Holdway / September 8, 2014 /

Our latest edition of Directions Newsletter is here! This edition tackles a tricky topic – pornography in the workplace – as well as discussing how businesses need to be careful when using social media such as Facebook or Twitter to engage with customers. There are some great tips for what to consider when buying or…

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Sexual Harassment in the Workplace

By Lewis Holdway / July 28, 2014 /

Whenever someone mentions sexual harassment in the workplace, most people instantly think of serious blatant physical and verbal abuse. This could not be further from the truth. In reality and at law, conduct that is obvious or indirect, physical or verbal, repeated or one off can still be classified as sexual harassment and employers must…

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Unreasonable Director-Related Transactions

By Lewis Holdway / July 23, 2014 /

The recent Victorian Court of Appeal decision in Vasudevan as Liquidator of Wulguru Retail Investments Pty Ltd (In Liquidation) (“Wulguru”) –v– Becon Constructions (Australia) Pty Ltd (“Becon”) & Anor [2014] VSCA 14 has cast a new light on what the Court will consider to be an unreasonable director related transaction. This is important for Directors…

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