Monthly Archives: August 2017


Physiotherapist recognised as an employee – free to pursue unfair dismissal

A physiotherapist who lodged an unfair dismissal application with the Fair Work Commission (FWC) has passed the first hurdle after the FWC found that he was an employee, not an independent contractor.  The FWC’s judgment in Mark Mitchell v Uraidla Physio (U2017/625) [2017] FWC 2476 could have far-reaching implications for [...]

2018-08-28T16:06:22+00:00August 25th, 2017|Categories: Employment Law|Tags: , |

Horse Racing Reforms – The Standardised Co-Ownership Agreement

Horse Racing Regulations – Co-Ownership Agreement The horse racing industry has recently seen the commencement of a new set of regulations in respect of the rights and responsibilities of co-owners and trainers.  Racing Australia’s new Trainer and Owner Reforms (‘TOR’), which commenced on the 1st August 2017, includes the introduction [...]

2018-08-28T16:18:54+00:00August 25th, 2017|Categories: Uncategorized|Tags: |

Avoid suspension until re-compliance by announcing backdoor listing transaction

In May 2016, the Australian Stock Exchange (ASX) changed its policy on backdoor listings so that an entity’s securities will be suspended immediately from the announcement of a backdoor listing transaction. However, the ASX has now relaxed this policy change by allowing entities to avoid suspension until re-compliance if they [...]

2018-08-28T16:24:40+00:00August 23rd, 2017|Categories: Corporate|Tags: , |

Proposed changes to CGT main residence exemption for foreign residents

The Treasurer has recently released exposure draft legislation (Treasury Laws Amendment (Housing Tax Integrity) Bill 2017) in relation to removal of the CGT main residence exemption for foreign residents. The changes are part of the Commonwealth Government’s ‘housing affordability’ reforms announced in the 2017-18 Budget. This will affect both Australian [...]

2018-08-28T16:27:28+00:00August 21st, 2017|Categories: Taxation|Tags: , |

The widening definition of “Retail Premises”: Is your commercial lease affected?

The Supreme Court of Victoria’s recent decision in IMCC Group (Australia) Pty Ltd v CB Cold Storage [2017] VSCA 178 has confirmed that a wide interpretation of ‘retail premises’ should be used for the purposes of the Retail Leases Act 2003 (Vic) (Act).  This included a finding that ‘the ultimate [...]

2018-08-28T16:54:59+00:00August 10th, 2017|Categories: Property|Tags: , |

Protecting your Brand at the Border

As an intellectual property rights owner of, it is important that you are vigilant about protecting your intellectual property from infringement and maintaining the reputation and value of your brand and/or products.  Counterfeit products which are imported in Australia can impact on and undermine the growth of a brand and its [...]

2018-08-24T17:16:22+00:00August 3rd, 2017|Categories: Intellectual Property|Tags: , , |

Are you ready for the new Privacy Mandatory Data Breach Notification Regime?

The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (Act) amends the Privacy Act 1988 (Cth) (Privacy Act) to introduce mandatory data breach notification provisions for organisations, agencies and certain other entities that are regulated by the Privacy Act (entities).[1] “Mandatory data breach notification” commonly refers to a legal requirement [...]

2018-08-30T11:11:09+00:00August 3rd, 2017|Categories: Commercial|Tags: , |

Workplace Relationships … Does your business need a Disclosure Policy?

The two recent resignations by male AFL executives who had affairs with lower ranked female employees has highlighted a complex yet growing issue for businesses in Australia and around the world. Whilst most employers and HR managers in Australia simply ignore the issue taking a ‘don’t ask, don’t tell’ approach, [...]

2018-08-30T11:47:41+00:00August 1st, 2017|Categories: Employment Law|Tags: , |