The Fidelity of the Bargain
…free clause should be included in the option lease. However… The Tribunal accepted evidence of the original bargain, and found that the parties’ original intention was for the rent free…
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Termination for unpaid rent: profiting from lessee mistakes?
…lessor’s actions in enforcing the lease, issuing breach notices and ultimately ending the lease by re-entry were contrary to an implied obligation to act in good faith and unconscionable. The…
New law limiting the use of “Fixed Term Contracts” of employment: commenced 6 December 2023, but many exceptions – Part 3 of 3
…on 6 December 2023. That article briefly described the scope and purpose of those changes and foreshadowed that we would publish a further article on this subject close to the…
A reminder of the dangers of negotiating by email
…agreement on contractual terms and agree it is subject to formal contract, three possible situations may arise: · parties agree on all terms and intend to be bound, but wish…
High Court cements position on personal payment of penalties
The recent decision of High Court in Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3 will alarm unions and their officials: if a…
Changes to the Sex Discrimination Act: the introduction of a positive duty to eliminate sexual harassment and discrimination
…policies that deal with sexual harassment and discrimination; review and implement appropriate procedures for raising complaints and monitor complaint management and the volume of complaints received; actively encourage employees and…
What is an Enduring Guardian, and do you need one?
…explains what an Enduring Guardian is and why you might need to appoint one. What is an Enduring Guardian? An Enduring Guardian is a person appointed to make decisions on…
I’ve made a claim for compensation for an injury sustained at work, which has been declined…what do I need to do?
…days to file an appeal in the Federal Court of Australia (FCA). An appeal to the FCA can only be made on a question of law. Your solicitor and barrister…
Form of Reporting for Self-Assessing Not-for-profits
…assist in its completion if your organisation is uncertain of how to answer various questions. In preparation for this exercise, we suggest an accurate balance sheet and profit and loss…
Charities (Protection and Social Investment) Bill 2015 (UK)
…reading: Charities (Protection and Social Investment) Bill 2015 (UK), http://www.publications.parliament.uk/pa/bills/cbill/2015-2016/0069/16069.pdf Frank Cranmer, “Faith, charity trustees and the counter-extremism agenda”, Law & Religion UK, 21 September 2015, http://www.lawandreligionuk.com/2015/09/21/faith-charity-trustees-and-the-counter-extremism-agenda/ Andrew Gilligan, “Extremists…
Accidents in the Playground – Not always fun and games
…regarding public liability and other damages claims. Please contact Julia Harrison, Partner at JHarrison@codea.com.au or alternatively on 02 9291 7131 to discuss. [1] https://www.smh.com.au/national/nsw/two-fingertips-of-sydney-girl-5-severed-on-playground-carousel-20221010-p5bomq.html [2] https://amp.smh.com.au/national/serious-hazard-playground-equipment-under-scrutiny-after-spate-of-injuries-20221014-p5bpqj.html [3] https://theconversation*]}*.com/giant-tube-slides-and-broken-legs-why-the-latest-playground-craze-is-a-serious-hazard-181073 [4] https://amp.smh.com.au/national/serious-hazard-playground-equipment-under-scrutiny-after-spate-of-injuries-20221014-p5bpqj.html…
Bullies in their midst – Employers’ obligations and risks
…FW Act’s adverse action provisions. Accordingly, employers should take seriously any bullying complaints made by employees and undertake appropriate investigations into such allegations. Investigations should be transparent and impartial, and…
Initial Failure of Testamentary Gifts
…“I give $[AMOUNT] to [ORGANISATION] to establish [SCHOLARSHIP/BURSARY] for [SPECIFIED AREA]”.) (c) specific purpose bequest for research? (e.g. “I give $[AMOUNT] to [ORGANISATION] for research in the area of [INSERT…
Performers’ Rights
…reproduction, distribution and communication of a performance. In Australia, copyright automatically subsists in an original work during creation and once completed. You don’t need to go through any formal registration…