Employees and employers are well aware that one of the entitlements accrued by employees is Long Service Leave. The Victorian Parliament has recently passed the Long Service Leave Bill (2017). This new legislation will come into force from early November 2018, at the latest, and contains some major changes.
Looking for legal advice on merging two 'not for profit' enterprises? Let us guide you with our expert advice. Mergers or amalgamations of two or more 'not for profit' enterprises can be stressful and can quickly involve a complex set of transactions. It is always advised that should you be in this position, you immediately consult a legal practitioner for advice about how to proceed.
Workers ordinarily fall within one of two categories, those who work subject to a Contract of Service (employees) and those who work subject to a Contract for Service (independent contractors). It can be difficult to discern the difference between the two. Whether a worker is classified as an employee or an independent contractor generally boils down to the level of control, or direction, that the employer or principal exerts over the work activities.
Building disputes often arise where consumers are not aware of their rights and obligations, or do not hold builders properly to account for delays, cost blowouts and other issues. Engaging a builder to construct that long awaited extension, renovation or brand new home can be risky. Fortunately, there are many steps that you can take to limit the risk of a dispute arising with your builder, whether construction is yet to commence, is underway, or has been completed.
With an increasing number of Australians having been born overseas, there is a growing need for Wills that protect not only a person's Australian assets, but those assets owned overseas as well. International Wills executed in compliance with the provisions of the UNIDROIT Convention will be recognised as valid in all signatory countries, regardless of where the Will is executed. Read here for more details.
Registering a trade mark for a business name is more important than you might think. Registering a business name or domain name does not give you the exclusive right of use. However, registering your business name as a trade mark gives you the exclusive right to use the trade mark throughout Australia. Read here for more information.
From 1 July 2017, new withholding tax laws came into force that will affect everyone buying or selling real estate worth $750,000 or more. Despite being called the Foreign Resident Capital Gains Withholding Tax, the new law applies to everyone, not just foreign residents.
A caveat is an instrument that can be registered with Land Victoria to temporarily stop any dealings with a property. A caveat can prevent transfers of a property from being registered on the Certificate of Title and therefore stop someone from taking legal ownership of a property. You can find out if there is a caveat on Title by conducting a title search of the property. We list various situations where caveats can or should be used to secure and register your interest in a property. Read here for more information.
Hiring a senior employee from a competitor can often be an attractive proposition. However, if you are contemplating such a move, caution is needed. Employees are under a duty to keep their employer's confidential information confidential. Similarly, employers are under an obligation not to use confidential information that belongs to a competitor, if that information were provided to them unlawfully.
A complaint can be lodged with the Director of Consumer Affairs Victoria ("CAV"), who may either refer the matter to conciliation or institute proceedings in the Victoria Civil and Administrative Tribunal ("VCAT") on your behalf. Conciliation is a process overseen by a conciliator, who helps you and the builder to resolve your building dispute. The conciliator does not, however, make any decision it is up to the parties to come to an agreement. Further, conciliation is not mandatory and there is no penalty to the builder for not attending.
