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Worth Knowing

Can a contract prevent your customers from poaching your employees?

It is common for employment contracts to contain post-employment restraints, but it is less common to see clauses in agreements with customers (for example, in services agreements) which prevent the customers of a business from “poaching” the employees of the business. There are good reasons for this – when post-employment restraints are dealt with in

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January 21
2019
Employment Law Litigation and dispute resolution

Worth knowing – 2019 CLE tour dates

Is it too early be thinking about the February/March CLE season?  No, of course it isn’t – how is that even a question?  Angus Macinnis has been hard at work over summer working on papers for some upcoming CLE seminars, so we thought you might like to know what he has planned. On 20 February

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January 18
2019
SVL in the community

“See you in court!” (but which one to choose?)

Involvement in complex litigation is enough to get anyone into a right state – and all the more so when the Australian State in which the litigation is taking place is not a State in which you have a main place of business (or in which you have access to trusted lawyers).  A plaintiff gets to choose where litigation will

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December 9
2018
Commercial Law Litigation and dispute resolution

The nightmare before Christmas

The days are getting longer. The smell of summer is in the air. The conquest of shopping centre Muzak systems by Christmas carols is (for the next little while, at least) total and complete. Yes, Christmas is coming – but before the season of peace and goodwill to all, first must come the work Christmas

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December 5
2018
Employment Law

Fair Work Commission finds that Foodora delivery riders are employees

What’s the difference between a cycle courier who delivers an envelope, and a cycle courier who delivers an enchilada? The answer, it appears, is “not much”, at least according to the Fair Work Commission (FWC). Last week, the FWC handed down a decision which found that one Mr Klooger, a food delivery worker engaged by

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November 18
2018
Employment Law

Five things you need to know about the Australian Solicitors Conduct Rules (when you don’t need to know about the Australian Solicitors Conduct Rules)

If you are not a solicitor, you don’t need to know about the Australian Solicitors Conduct Rules (ASCR), yes?  Well, actually, no.  Those who are involved in the management of legal practices also need to take into account how professional conduct obligations of lawyers affect the business of law.  Equally, workplace conduct issues (in particular,

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November 12
2018
SVL in the community

The very surprising winner in Australia’s first $1m+ sexual harassment verdict

This story is about a dentist (so we can’t show you his face on television, if anyone is thinking of buying the television rights to this article).  The dentist was alleged to have engaged in sexual harassment, and dismissed from the practice in which he was working. Subsequently, he he was sued, and ordered by the

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October 13
2018
Commercial Law Employment Law

Three things in this life are certain – death, taxes and fights over legal privilege

“ATO targets legal privilege”, cries the front page of today’s Australian Financial Review,  neatly bringing together the second and the third of life’s certainties (the first certainty being one with which we try not to concern ourselves unduly here at Worth Knowing). The article quotes ATO Commissioner Chris Jordan as having said in March that “[the

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October 9
2018
Commercial Law Litigation and dispute resolution

Vicarious liability in Australia – fit for purpose, or fit for “akin”?

When legal liability is imposed upon one person for the misdeeds of another, even though the first person is themselves blameless, this liability is described as “vicarious liability”.  In Australia, vicarious liability arises most often when an employer is held to be liable for the torts of an employee.  Australian law has developed two “central conceptions” in relation to such

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October 1
2018
Employment Law Litigation and dispute resolution

Health (and safety) is other people – the wide reach of section 19(2) of the harmonised WHS Acts

Jean-Paul Sartre, as it turns out, never said, “Hell is other people” (although he did use that line in his 1944 play called Huis Clos, or No Exit).  Nor, as far as our researches have disclosed, did Sartre have much to say about work health and safety.  This is perhaps surprising, given the importance of duties which are

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September 9
2018
Work health and safety
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