2631-2640 of 4377 results
Inherent or relevant: changes in assessing job applicants with criminal records
The federal law test to assess job applicants with criminal records has changed. It's no longer necessary to show that the criminal record means an applicant is unable to perform the 'inherent requirements' of their role – the question is whether the criminal record is 'relevant' to the role. ...
Make no mistake (lest you are sacked): FWC rules on safety incident dismissal
The Full Bench of the Fair Work Commission decided that a crane operator's sacking for a 'significant' safety incident was a fair and proportionate response, despite a working relationship of almost four decades. ...
Furniture retailers punished for 'was/now' pricing claims; Mazda faces allegations of consumer law failings; and location data under the lens in ACCC case against Google
Furniture retailers fined for false 'was/now' pricing claims; Mazda defends claims of unconscionable conduct and false or misleading representations over faulty vehicles; Unique ordered to pay millions in damages over its funded diploma courses; ACCC presses Google on its policies relating to location data; and ACCC approves ANZ Terminals' acquisition of GrainCorp Bulk Liquid Terminals. ...
New laws on gift cards – what you need to know now
Federal laws imposing a three-year minimum expiry date on gift cards sold in Australia came into effect last week, but certain state laws relating to gift cards also remain. This Insight explains the key principles businesses need to know about, and includes a quick guide to how the laws compare. ...
Ultra Tune's small victory in Franchising Code case
Earlier this year, InIP reported on a case brought by the ACCC alleging various breaches of the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Franchising Code). Ultra Tune Australia Pty Ltd (Ultra Tune) was found to have committed numerous breaches of the Franchising Code. ...
What does patentable subject matter Encompass for computer-implemented inventions in Australia?
In a highly anticipated decision, the Full Bench of the Australian Federal Court recently dismissed the appeal in Encompass Corporation v InfoTrack. Despite the opportunity to clarify the scope of patentability of computer-implemented inventions, the question of what encompasses patentable subject matter remains open. ...
Latest coal mine decision concludes scope 3 emissions are the end customer's responsibility
The Rix's Creek Continuation Project has been approved by the NSW Independent Planning Commission only weeks after the refusal of the Bylong Coal Project. In its approval of Rix's Creek, the Commission accepted that scope 3 emissions are the responsibility of the end customer for coal exports. This conclusion significantly departs from the position taken by the differently constituted Commission on Bylong. ...
ASIC Corporate Governance Taskforce report; ASX listing rules update; ACCC cartel immunity and cooperation policy update; High Court considers financial assistance prohibition; and other corporate law developments
This Insight examines the latest developments in corporate law ...
Queensland Supreme Court refuses to order disclosure of class action defendant's insurance policy, providing further guidance on the making of such orders
The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...
ALRC's Discussion Paper released: a clearer, consistent and more rational framework for addressing corporate misconduct in Australia
The Australian Law Reform Commission released for consultation today a set of proposals aimed at overhauling the federal corporate criminal responsibility regime. This comes in the wake of criticisms that the current system is ineffective in preventing, deterring and prosecuting serious corporate crime. Whilst the reforms offer a clearer, consistent and more rational framework for addressing corporate misconduct in Australia, some elements (such as the adoption of a general 'associate' model for criminal attribution) will no doubt raise concern given their capacity to significantly extend corporate liability. We examine some of the key proposals and their likely impact. Partner Christopher Kerrigan and Senior Overseas Practitioner Cindy McNair report. ...