AITKEN WILSON LAWYERS > Current Issues
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Current Issues
Business and Companies
Insolvent Trading - News Article 07/11/08
Directors of companies have a number of duties and responsibilities under the Corporations Act 2001 (the Act). One such duty, which has perhaps become more relevant during this time of economic turmoil, is the director’s duty to prevent insolvent trading. more
Use Of Statutory Demand - News Article 07/11/08
It is also a timely reminder on the use of creditors’ statutory demands under the Corporations Act. The use of the statutory demand to require payment of debts over $2,000 can’t be underestimated as a weapon in recovering unpaid debts. The Debtor company has the option of disputing the debt or paying up, otherwise it is liable to be wound up. more
Anticompetitive Practices And The Trade Practices Act - News Article 10/07/08
Earlier this year, eBay announced the proposed implementation of two major changes to its payment system which would affect both buyers and sellers using the auction website. Both of these changes related to the use of PayPal, an online payment system owned by eBay. more
Personal Property Securities Reform - News Article 3/06//08
Retention of title clauses are widely used in a large variety of industries that supply goods to customers. For businesses that sell or lease goods but retain title to those goods in their terms and conditions, or that use their property as security when raising capital, their title to those goods has generally been sufficient to ensure that they have priority in those goods ahead of any third party. That is of course useful in case the other party goes into liquidation or for recovery of the goods for non-payment. For a number of years, however, there has been talk of reforming the Personal Properties Securities law. more
Preventing Former Employees Contacting Your Clients - News Article 30/05/08
Through the use of contractual provisions, employers often look to restrain ex-employees from contacting and dealing with their former clients. Employers may protect their interests by imposing post-employment restraint clauses or by relying on the duty of confidentiality imposed on ex-employees. more
Advertising Changes For Your Business - News Article 21/05/08
The Federal Government will be introducing changes in advertising laws later this year which will make it a requirement for all businesses to specify prominently a ‘total price’ in all advertisements that have a statement about the price of consumer goods or services. A failure to follow the new laws can result in a prosecution involving the incurring of fines and other penalties. more
Insurance
Doctors, Lawyers, Golf And Insurance - News Article 4/09/08
This update is an overview of a couple of recent court decisions relating to insurance and related claims. The first one about the lawyer is a reminder to all of us who may have the need for professional indemnity insurance in their business and the problems associated with proper disclosure in their proposals, while the second one involves perhaps some common sense from the Courts. more
Workplace Relations
Employment Law – Probationary And Qualifying Periods - News Article 13/10/08
A recent decision of the Australian Industrial Relations Commission (“AIRC”) has highlighted the necessity for employers to ensure that they take care to properly calculate when a probationary qualifying period ends when dismissing an employee. more
Independent Contractors – Unfair Contracts Remedy - News Article 13/10/08
A recent decision of the Australian Industrial Relations Commission (“AIRC”) has highlighted the necessity for employers to ensure that they take care to properly calculate when a probationary qualifying period ends when dismissing an employee. more
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