Blog

Articles and legal news from the Atkinson Vinden Team.

  • Unfair Contract Provisions extended to protect Small Businesses

    In 2010 the Commonwealth Government passes the Competition and Consumer Act, which largely replaced the Trade Practices Act. Amongst other things, this introduced the concept of Unfair Terms in consumer contracts and when these might be found to be void. For some time there has been talk of extending these protections to Small Businesses, and...

    Commercial Law, General

  • Workplace Misconduct and Compulsory Police Reporting

    Some workplaces suffer internal fraud or other serious misconduct. An employer is entitled to terminate an employee wherever serious and willful misconduct occurs, assuming reliable evidence exists, or an admission is made. But does the company also have an obligation to report the matter to the Police? The answer in extreme circumstances is, “Yes”. Section...

    Employment Law

  • Federal Court takes firm approach to AMI contempt

    Many of you would recognise the company AMI; the company that preyed on the insecurities and vulnerabilities of men nationwide, peddling remedies through mass marketing that supposably cured  “man’s greatest fear”, premature ejaculation. About 6 months ago the Federal Court of Australia, criticised the company for exploiting the vulnerabilities and insecurities of men, and found...

    Commercial Law, General

  • Identifying Unacceptable Risk in Family Law

    Recent publicity has highlighted once again the real danger that mental health, violence and domestic violence poses to our society and in particular families. Separation is a heightened risk time for family violence.  For some it is the only time of physical risk which is triggered by the separation. For others who have experienced ongoing...

    Family Law

  • Are Heads of Agreement/Leasing proposals binding?

    It may seem so fundamental and obvious but the question “Are we legally bound?” can be one of the most vexing in a leasing negotiation. Whilst the common assumption is that neither tenant or landlord are legally bound until a lease is signed, recent case law and general commercial practice has reminded us that a...

    Commercial Law

  • Employment Relationships Gone Sour

    Ever experienced an employee belittling or denigrating you? Ever questioned whether they can be sacked for it? Unfortunately there is no hard and fast rule on when sacking an employee for swearing at you is warranted, however recent case law suggests at least in some circumstances, this is a reasonable response. The recent Fair Work...

    Employment Law

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