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Keynotes

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All issues of securities (and some transfers) in Australia require a disclosure document, such as a prospectus, unless an exception applies. Following from the banking Royal Commission, the Federal Government has recently announced significantly higher penalties for non-compliance with these disclosure rules. It is therefore vital for companies, their officers and advisers to understand and comply with these rules.
Posted on:
9 Aug 2018
Those engaged in the business of debt collecting need to be extra careful when making threats to debtors about commencing legal proceedings or the possible effect on their credit ratings. A recent decision of the Federal Court of Australia highlights some extraordinary conduct by a large debt collecting company that contravened the Australian Consumer Law (ACL). Once again, it stands as a salutary lesson to those in business who make empty threats to consumers in order to recover their debts.  
Posted on:
6 Aug 2018
NCAT, QCAT, VCAT, and equivalents in other States are acronyms for the respective State-based Civil & Administrative Tribunals. Their basic purpose is to enable individuals and small businesses to pursue resolution of lesser legal disputes away from the formalities and costs of the law courts.
Posted on:
3 Aug 2018
Under Part 6-4B of the Fair Work Act 2009 (Cth) (“Act”), the Fair Work Commission (“Commission”) has the power to make a ‘stop bullying order’ when a worker has been bullied at work, unless the alleged bullying conduct amounts to “reasonable management action”carried out in a “reasonable manner”. This jurisdiction, which commenced on 1 January 2014 with widespread community support and in particular from the Commonwealth government, has been in operation for over 4 years, and in this time, it has had much lower rates of utilisation than expected. Evidently, much the same can be said for the success rates of those who have pursued a bullying application through the Commission.
Posted on:
3 Aug 2018
Significant changes impacting credit cards have been proposed, with ASIC recommending a three year ‘prescribed period’ for assessing whether a credit contract or credit limit increase would be unsuitable. ASIC’s Report called Credit card lending in Australia (July 2018) (Report) builds on the previous Senate Inquiry into credit card interest rates1 (Senate Inquiry) and recent legislative reforms.
Posted on:
27 Jul 2018
“If I pay above minimum wage, does the modern award still apply”?
Posted on:
20 Jul 2018
With the start of the new financial year and the annual increase in minimum wages, many businesses have most likely reviewed their pay rates and modern awards to ensure their company’s compliance in this regard. However, many businesses are failing to get some of the other basics right when it comes to record-keeping for their employees.
Posted on:
6 Jul 2018
Flexible working arrangements have become more and more popular over the years. Traditionally, this was something used by working mothers and carers, but as social norms have evolved, it has become very common for all types of workers to want to adopt flexible working arrangements. For example, flexible working arrangements allow employees to balance family, carer and other responsibilities and interests alongside their work commitments and career goals.
Posted on:
22 Jun 2018
In a society where the use of technology including mobile telephones and computers has become so prevalent, it is no surprise that electronic devices are changing the way in which we communicate. There has been a growing trend where employees and employers now communicate almost exclusively via email or text message. As such, it is not unexpected that there are a number of employers who have terminated the employment of their staff by phone, text or email in order to avoid those hard to have conversations with their employees.
Posted on:
8 Jun 2018
The Fair Work Commission handed down a decision on Friday, 1 June 2018 increasing the National Minimum Wage by 3.5%. This means the National Minimum Wage will increase to $719.20 per week or $18.93 per hour and comes into effect on 1 July 2018. The increase will affect employees paid the National Minimum Wage, or at Modern Award rates and those employees under a registered enterprise agreement which is linked to any outcome of the FWC’s annual wage review.
Posted on:
8 Jun 2018

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