Articles

Businesses have an obligation to pay superannuation for their employees. But did you know that you may also have an obligation to pay superannuation for contractors? Read here for more.

As a Landlord, be aware of what you or your agents are saying and showing to a Tenant. Always ensure that you have reasonable grounds to make those representations. In order to be effective, any legal disclaimer needs to be prominent, specific to the circumstance and a clear part of the overall picture of the premises being represented to a prospective Tenant.

Businesses need to act when an employee is showing signs of distress caused by something that has occurred in the workplace. The risk of a claim will be higher if it can be shown that the business was aware of the effect the workplace environment was having on the employee.

The Code is a mandatory industry code that all Australian franchisors and franchisees must comply with. The Government has now legislated the new Code and we can now see what changes have been implemented. The new Code will apply from 1 January 2015 and will apply to all franchises across Australia. Mitchell Zadow outlines the key changes.

Self Managed Super Funds (SMSFs) are growing in popularity, as more Australians decide to take retirement into their own hands. It is important to remember however that SMSF is subject to very stringent laws and regulations which govern how the Fund can be managed, and how the assets of the Fund can be used. Mitchell Zadow outlines recent changes.

Whenever you are buying assets or a business, make sure the contract contains all the necessary warranties to ensure you are getting what the Vendor promised. The wording of the warranties can make a big difference too. As a vendor, you need to be careful to ensure that you do not promise anything you cannot deliver, or something that may not be accurate. Read here for more information.

A recent case before the Full Bench of the Fair Work Commission has clarified the way compensation is calculated in unfair dismissal cases.

Bullying is defined as repeated unreasonable behaviour directed at a worker or group of workers that creates a risk to health and safety and is likely to be ongoing. This can involve aggressive or intimidating conduct, unreasonable work expectations, or pressure to behave in an inappropriate manner. It does not cover reasonable management action, such as necessary performance management, so long as such action is carried out in a reasonable manner.

The Privacy Act protects personal information handled by large businesses (including not-for-profit organisations) with a turnover greater than $3 million and health service providers of any size. Mitchell Zadow summaries recent changes to the Act.

The Australian Taxation Office ("ATO") has deemed that a distribution from a family company to a spouse/partner as part of a family law settlement as a taxable event. Settlements should be carefully considered and drafted to best manage taxation liability between the parties, particularly where a family company holds significant assets.

Does this statement equal an enforceable exercise of option by a Tenant: "We write to advise you of our intention to exercise our lease option for a further 6 year period"? You might be surprised to find that the answer is no! Read here for more details.

How directive does a Section 146 Notice need to be in order to be valid? In a complex case involving managed investment schemes and plantation forest, one part of the case revolved around a Tenant who had been served with a Section 146 Notice by a Landlord who subsequently took possession pursuant to the notice and sold the Premises.