31 Oct 2024
Illegal building works – the horror story edition
Illegal building works create obstacles in property transactions Property prices have soared in recent years, making real estate one of the most significant investments that most Australians will ever make. Whether buying or selling a property, the last thing anyone wants is to encounter unexpected legal or financial hurdles due to illegal building works. Unapproved […]
Read the full story10 Oct 2024
Can I become bankrupt to get rid of my debts?
Bankruptcy a formal option to provide relief from creditors I am drowning in debt. I can’t possibly meet all the bills that have piled up. My business was hit by Covid lockdowns, then the high cost of materials and I can’t continue. If I declare I am bankrupt, will that solve my problems? Will my […]
Read the full story03 Oct 2024
New online defamation defence for publishers “innocently disseminating” third party comments
Changes to online defamation laws in NSW and the ACT came into effect in July 2024. The new law is designed to improve the balance between freedom of speech and the protection of a person’s reputation when someone publishes adverse comments online. “Innocent dissemination” a new defence for online defamation The NSW Defamation Amendment Act […]
Read the full story26 Sep 2024
Changes to labour hire laws for “same work same pay”
Recent changes to labour hire laws are designed to ensure labour hire workers get the same pay as the host company’s regular employees who are doing the same work. Legislation to stop use of labour hire to undercut permanent employees The changes are detailed in one of two pieces of Commonwealth legislation called Closing Loopholes, […]
Read the full story19 Sep 2024
Cultural heritage and colonial history – should Ned Kelly’s descendants have a claim on his story?
The recent Victorian Supreme Court case of Ned Kelly Centre Ltd v Australian Rail Track Corporation [2023] VSC 421 asks the question of whether a familial connection to land is enough to trigger Victoria’s human rights laws to stop the development of a tourist facility. A second question arises: does Australia’s patchwork human rights legislation […]
Read the full story05 Jul 2024
Failure to specify currency can be deceptive conduct and a $15 million fine
A court decision in 2023 serves as a pointed warning to businesses they are open to massive fines if they fail to specify which currency is displayed in their online prices. Airbnb Ireland receives massive fine for tricking customers on currency In 2023 the Federal Court issued a $15 million fine against Airbnb Ireland for […]
Read the full story24 May 2024
Tougher penalties for environmental crime now in force in NSW
The recent discovery of asbestos-contaminated mulch across Sydney has highlighted the fact that NSW’s existing environmental laws do little to protect our surroundings from environmental crime and fail to deter would-be offenders and polluters. New legislation increases penalties for environmental crime Put simply, the existing penalties for committing an environmental crime in NSW were shamefully […]
Read the full story17 May 2024
Cartel conduct in waste disposal industry ends in criminal convictions
The words “cartel conduct” usually bring to mind violent international drug crime gangs. But cartels can also mean you pay more when you renovate, repair or build a home, buy a vehicle or just go shopping. Steep penalties for cartel conduct by two bin operators In February 2024, the Federal Court handed down a sentencing […]
Read the full story16 May 2024
Successful prosecution of “ethical” fund for greenwashing
The Federal Court has ruled a major fund management corporation misled investors about its $1 billion ethical fund, which the company claimed was screened to ensure investments went into environmentally and socially beneficial projects. Fund manager accused of misleading investors over ethical fund It was the first major victory for the Australian Securities & Investments […]
Read the full story03 Apr 2024
Protect yourself against payment redirection scams
According to the latest figures from the Australian Competition and Consumer Commission, in 2022 Australians lost more than $3 billion to scammers, including losses due to payment redirection scams – and that is only the losses that were reported to the ACCC. How common are payment redirection scams? As house prices soar, scammers are employing […]
Read the full story28 Mar 2024
What is the new right to disconnect?
It’s nine o’clock at night and you are relaxing at home watching a movie before heading to bed. Suddenly the phone rings. It’s the boss calling to discuss a meeting to be held tomorrow at work. You sigh – wishing you could disconnect from your work at this late hour – but you take the […]
Read the full story26 Mar 2024
New laws preventing and addressing sexual harassment in Australian workplaces
Recently there has been a lot of publicity about new Commonwealth laws, taking effect toward the end of 2023, aimed at preventing and addressing sexual harassment in Australian workplaces. Recurring themes in this publicity are the stimulus for these laws, the Australian Human Rights Commission’s Respect@Work: Sexual Harassment National Inquiry Report (2020); and the phrase […]
Read the full story22 Mar 2024
Unfair contract laws now apply to expanded category of small business
In November 2023 changes to the law on unfair contract terms came into force, applying to a significantly expanded category of small business. Small business definition changes to include larger businesses The legal definition of a “small” business rose from one with fewer than 20 employees, or annual turnover up to $3 million, to a […]
Read the full story14 Mar 2024
Who owns images on social media?
Who owns all of the images on social media? All those holiday snaps, happy family memories and eyewitness videos of crazy happenings and crimes that are uploaded daily… Do we still own the images we post on sites such as Facebook, Twitter, TikTok, YouTube, Instagram, LinkedIn and Snapchat? Terms of service and images on social […]
Read the full story08 Mar 2024
Negligent bosses in NSW to face 20 years in jail for industrial manslaughter
Employers found liable for industrial manslaughter could face up to 20 years in jail under tough new negligence laws to come into operation in NSW in 2024. New industrial manslaughter laws following worksite deaths NSW Industrial Relations Minister Sophie Cotsis has said she will bring in new industrial manslaughter laws which will significantly increase penalties […]
Read the full story29 Feb 2024
Court says coal mines can be approved without considering climate change
In a significant legal blow to environmentalists, in 2023 the Federal Court ruled that the federal environment minister does not have to consider climate change when approving coal mines. Environmental group claims minister did not consider climate change The Environment Council of Central Queensland (ECoCeQ) mounted a legal challenge to minister Tanya Plibersek’s assessment of […]
Read the full story01 Feb 2024
Success in class action for business disruption due to Sydney light rail roadworks
A recent Supreme Court judgment may open the way for businesses to claim damages from the government if they lose income due to business disruption as a result of major road works. Construction of light rail causes significant business disruption Two Sydney small business owners took Transport for NSW to court after they lost income […]
Read the full story08 Dec 2023
Can I claim copyright if I write a novel or research paper using generative AI?
Are there rules around claiming copyright if I write a novel or a research paper using generative AI? If I ask a large language model like ChatGPT or Bing Chat to put together a paragraph or two on some topic and include it in my writing, can I claim it as all my own work? […]
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