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Worth Knowing

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

Secret recording contract

The secret recording has long been the staple of cop shows and gangster movies. The tension builds as the informant is “wired up” – will the wire be discovered? Will the criminals spill the beans about their dastardly plans? And most importantly, will it all happen before I’ve finished this popcorn? Secret recordings raise different

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October 12
2017
Employment Law

The receivers tried to take this company’s stuff and you won’t believe what happened next

OK, we apologise for the clickbait headline, but this is an article about the Personal Property Securities Act 2009 (Cth) (the PPSA) – and we know that much of the PPSA is so snooze-worthy that cases concerning its application are recommended by 9 of 10 doctors as emergency substitutes when your prescription sleeping medication runs

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September 28
2017
Commercial Law Litigation and dispute resolution PPSA Law

High Court to review employer duty of care in workplace investigations

The High Court of Australia has granted special leave to appeal in a case concerning the duty of care which an employer owes to an employee when conducting workplace investigations.  The grant of special leave does not necessarily mean that the law will change, but it does provide a useful opportunity to consider some of

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September 19
2017
Employment Law

Today’s forecast: showers in Paris, jurisdiction in Singapore

it is sometimes said that there is no limit to the ingenuity of lawyers, which may go some way to explaining why a plaintiff complaining of a slip and fall in a Paris hotel shower was suing a Singapore company in the Supreme Court of New South Wales last month. However, the plaintiff did not

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September 10
2017
International dispute resolution International trade law

It’s a long way to the top if you want a rock’n’roll trade mark

A couple of months ago, we wrote about an American dance/rock band who had to go all the way to the top (in this case, the US Supreme Court) in order to win the right to trade mark their band name.  We then considered how that case might have played out in Australia, given the

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August 31
2017
Intellectual property law SVL in the community

A solution to alien invasive species?

On 8 September, 2017, a major step will be taken to preserve and protect the marine environment from alien invasive species when the International Convention for the Control of Ship’s Ballast Water and Sediments, 2004 (Ballast Water Convention) comes into force. The problem of alien invasive species in the marine environment is one of the

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August 24
2017
Maritime Law

Employees or contractors? Make sure all your (radio) bases are covered

Between 2012 and 2015, a husband and wife operated a radio base for a truck repair company in Wagga  Wagga.  The question of whether they did so as employees or contractors, however, was anything but basic. After 7 days of hearing in the Federal Court, a judgment of 343 paragraphs was delivered.  The judgment identified

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August 22
2017
Employment Law
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