Insights

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Navigating the Positive Duty: Guidelines Published for Complying with the Positive Duty to Eliminate Unlawful Sex Discrimination and Sexual Harassment

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A New Positive Duty The Anti-Discrimination and Human Rights Legislation (Respect at Work) Act 2022 (Cth) (“Respect at Work Act“) introduced late last year amended the Sex Discrimination Act 1984 (Cth) (“Sex Discrimination Act“) to...

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A Timely Reminder about the Importance of Keeping Records

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A recent case against the University of New South Wales (UNSW) by the Fair Work Ombudsman highlights the critical importance of maintaining accurate employee records. UNSW faces allegations of serious contraventions due to inadequate record-keeping...

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Australian Book Retailer Dymocks Discloses Data Breach

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Dymocks, a prominent Australian book retailer, recently revealed a data breach affecting potentially 836,000 accounts. The company notified customers, acknowledging their awareness of the cybersecurity incident since September 6. While Dymocks did not specify the...

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Why it’s time to conduct a Quarterly ‘Health Check’ of your business

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Reviewing the performance of your business is not just an annual chore around the end of financial year. Rather, it is crucial that Australian businesses regularly examine their finances and adjust their strategies and goals...

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When are you out of time to make an unfair dismissal claim?

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The Fair Work Act 2009 (Cth) (“FWA“) is one of the primary pieces of legislation in Australia that governs various aspects of employment, including the rights and protections of employees. A prominent aspect of this...

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Louboutin Copycat Shoes and issues with AI-Generated evidence.

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In a recent trademark dispute in India, luxury brand Louboutin secured an injunction against a footwear company imitating its distinctive, red-soled shoes. To warrant an injunction, the court clarified that products must be a “colourable...

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Leasing Incentives and ‘claw-backs’

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If you are a tenant or an owner of commercial or retail premises, you will be familiar with the idea of leasing incentives provided to secure tenant commitments.  Leasing incentives are a relatively modern device...

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The New Dawn for Foreign Investment Regulation

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A new phase of foreign investment regulation in Australia began on 1 July, when the new Register of Foreign Ownership of Australian Assets (Register) commenced. The Register requires “foreign persons” to notify transactions or events...

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FWC confirm Employers right to monitor employees WFH

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In the recent decision of Suzie Cheikho v Insurance Australia Group Services Limited [2023] FWC 1792, handed down on 21 July 2023, the Fair Work Commission (“FWC“) upheld the dismissal of an employee for serious...

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Buyer (and Seller) Beware: Claims under a Sale Agreement and the Australian Consumer Law get aired in Court

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A recent decision of the Federal Court (Optic Security Australia 2 Pty Limited v YC Investments (NT) Pty Ltd [2023] FCA 49) regarding a dispute between a buyer and a seller in a mid-market M&A...

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90 days to the new Unfair Contract Terms Regime: Update for Financial Services Providers

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With only 3 months until the Unfair Contract Terms reforms take effect, time is running out for the financial services sector to review standard form contracts for terms that might be deemed unfair. The reforms were...

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Buyer (and Seller) Beware: Claims under a Sale Agreement and the Australian Consumer Law get aired in Court

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A recent decision of the Federal Court (Optic Security Australia 2 Pty Limited v YC Investments (NT) Pty Ltd [2023] FCA 49) regarding a dispute between a buyer and a seller in a mid-market M&A...

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