Articles

Sometimes referred to as 'adverse action', General Protections are provisions in the Fair Work Act 2009 (Cth) which protect employees (including prospective employees and in some instances independent contractors) from having adverse action taken against them for the exercise, or threatened exercise, of a Protected Attribute.

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Do you have questions about defamation on Facebook or other social media platforms in Australia? Our lawyers answer some commonly asked questions.

A court hearing is where you are required to go into the relevant Court or Tribunal and have a particular question determined by a Judge (or Tribunal Member). The other party to the proceedings will also be present, and you will both put your 'case' to the Judge on a particular issue. Evidence and court documents will be presented to the Judge, as necessary, and the Judge will make a decision on the answer to that issue or question.

It can be very confusing, knowing where to stand and what to do. To guide you through this process, we have prepared a list of key information and Court etiquette that you will need to know for almost every type of hearing. Read here for more information.

Mediation is different from other resolution processes, such as arbitration or litigation. Mediation involves the parties conducting confidential negotiations, with the assistance of a mediator, in an attempt to reach an agreed settlement of the dispute. The mediator does not make a decision about your case or dispute. Instead, the mediator's role is to facilitate the negotiations.

Negotiating a commercial lease involves more than reaching an agreement on the rent. A Lease is a long term commitment between the Landlord and the Tenant. A well-negotiated and well-drawn Lease helps to build a good relationship between the parties from the beginning, reduces the likelihood of disputes down the track, and can add value to a business. Read here for more.

A trust is worthwhile for holding and managing your assets. What it depends on are your finances, income, job risk, family situation and future plans. We explore some of the advantages of a trust, which might assist to answer the question of whether a trust is a good idea for you.

Melbourne real estate agents have recently been penalised for false and misleading representations in residential property sales. Agents have underquoted prospective buyers about the expected selling price of properties. Changes to the Estate Agents Act 1980 (Vic) have introduced new obligations for agents to prevent underquoting. Furthermore, an underquoting taskforce has recently been established by Consumer Affairs Victoria to investigate instances of underquoting. It is important for agents to be aware of their legal obligations to avoid underquoting and the consequences of breaching the Act.

Schools should be aware of the kinds of teacher conduct which may be considered to be bullying or harassment, the circumstances in which schools may be held liable and ways to manage the legal risks involved. Our Workplace Relations team explains.

A Mediator facilitates the disputing parties to reach an agreement. To do this effectively, the Mediator needs to understand the position of both parties. Each party will enter a Mediation Agreement with the Mediator in which the Mediator promises to keep each party's information confidential. We list some things to keep in mind.

Buying a business can be a risky investment. Care must be taken when determining how you will purchase the business (e.g. sole trader, partnership, trust or company). Factors to consider include your own personal liability, asset protection and the costs involved.

Today's employees are more skilled and mobile than at any other time. This increase in skills and mobility has been accompanied by a significant increase in the prevalence and complexity of Restraint of Trade clauses. Our Employment Law team explains.