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Worth Knowing

Every move you make – court orders employee to keep electronic records as the price of obtaining relief from post-employment restraint

In post-employment restraint cases, a former employee who wishes to escape the full width of the restraint will often give undertakings to comply with part of the restraint.  For example, where a former employer seeks to enforce both non-compete and non-solicitation obligations, the former employee may give an undertaking to comply with the non-solicitation provisions. 

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April 17
2018
Employment Law

Parental advisory – when are parent companies (and their directors) liable for subsidiaries’ safety breaches?

In June 2012, a worker was seriously injured when he fell from the bucket of a loader in which he was working at a mine in Broken Hill.  The mine was operated by a company called Perilya Broken Hill Limited (PHBL).  As a result of the incident, both PBHL, and its parent company, Perilya Limited (Perilya),

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March 5
2018
Work health and safety

If it’s not original, it will be dismissed Swiftly – the lessons from the “Shake it off” copyright case

When reading legal cases, it is common to see references to the work of learned legal authorities.  It is less common to see references to the work of Fleetwood Mac, Cypress Hill, Outkast and Sir Mix-A-Lot.  However, in a recent US case alleging copyright infringement by singer Taylor Swift and her songwriting team, it was the judge’s

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February 23
2018
Intellectual property law

Worth knowing – 2018 tour dates

The February/March CLE season is fast approaching and, as usual, Angus Macinnis will be out on the road flapping his mouth at people who have, for some reason, even agreed to pay money for that “privilege”.  There are three seminars coming up in the next few months which might be of interest to you, if

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January 18
2018
SVL in the community

Uber driver’s unfair dismissal claim deactivated by Fair Work Commission

The very beginning, the song tells us, is a very good place to start – but not all beginnings are created (or described) equally.  If you were beginning a job, you might begin by being “recruited” or “inducted” (unless the job was driving for Uber, in which case you would be “onboarded”).  And if Uber

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January 9
2018
Employment Law

Sexual harassment – when are “historical” claims out of time in Australia?

In recent days, there has been a lot of media coverage of what are beginning to be called “historical” sexual harassment claims alleging harassment by Famous Men.  As some of those Famous Men are starting to respond to this coverage with defamation proceedings, it is unnecessary for us to name any names.  You know who

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December 21
2017
Employment Law

StevensVuaran Lawyers on termination of employment in Australian Dairy Foods magazine

From time to time, we like to spread the word  of what we do beyond the corners of this website. The word has spread as far as this month’s edition of Australian Dairy Foods Magazine, which includes an article by Angus on what it means to “take the initiative” in relation to the termination of

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December 1
2017
Agribusiness law Employment Law

Franchising Code breaches leave pasta shop franchisor in hot water

We don’t listen to a lot of psychedelic rock here at StevensVuaran Lawyers, but this week we’ve been blasting out “Are You Experienced”, the debut record by The Jimi Hendrix Experience.  We’ve been doing that not because we’re a bit slow in celebrating the album’s 50th anniversary (we were on that back in May) but

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November 20
2017
Competition and consumer law Franchising Law

How the Australian Consumer Law became a trip hazard for Meriton Serviced Apartments

“The important thing”, said Albert Einstein, “is not to stop questioning”.  Which is all very well for Einstein, but he wasn’t running a serviced apartment property at the time. When choosing accommodation in hotels and serviced apartments, consumers are increasingly reliant on reviews provided by websites such as TripAdvisor.  To collect as many reviews as

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November 10
2017
Competition and consumer law

Into the bin! Federal Court trashes unfair contract terms in waste collection contracts

In what must rank as one of the speedier capitulations to a regulator in recent Australian legal history, the ACCC has today announced that waste management company JJ Richards & Sons Pty Ltd has consented to court orders by which JJ Richards agreed that no fewer than 8 terms of the standard form contract used

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October 19
2017
Competition and consumer law
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