News, Updates and information from and about Smokeball.
June 24, 2011 Leave a comment
Everything in the legal profession has already been invented. All the documents have already been created. There is nothing left for the lawyer to do other than fill in forms. Right?
Not really. Read more of this post
June 16, 2011 Leave a comment
The recent case of Ilvariy Pty Ltd t/as Craftsmen Homes v Sijuk [2011] NSWCA 12 deals with the duty owed by an occupier to provide a safe work site for sub-contractors. As public liability policies rarely cover sub-contractors and WorkCover policies don’t cover non-employees, a failure to address this issue adequately in the precedents will result in an occupier – often not a person present on the site – having an uninsured and non-delegable risk. Read more of this post
June 6, 2011 Leave a comment
The Residential Tenancies Act 2010 commenced on 31 January 2011 with sweeping changes to the old regime. Including a new standard lease. The new legislation replaces the old Residential Tenancies Act 1987. The new laws apply to all residential tenancies in NSW and represent a comprehensive review of the existing laws. There are over 100 changes to the old legislation. Many of these will impact on clients who are landlords of residential property. Particularly when they are buying or selling a property. Read more of this post
June 6, 2011 Leave a comment
It was a Monday. Having arranged to work from home for the day, I snuck in a nap after lunch and, as soon as I’d tucked in the clients for the night, I went straight to bed. Alas, this is not my usual routine. I was readying myself for a night shift, walking the streets, counting homeless people. I had volunteered for ‘Street Count’ – the City of Sydney’s annual count of the city’s homeless population. Read more of this post
June 6, 2011 1 Comment
Many franchisors specify their home state as the governing law of the franchise agreement, often thus ignoring the choice of law jurisprudence on the issue.
In Broad Spectrum Training Pty Ltd and Ors v Bidding Buzz Limited [2010] FMCA 932 (3 December 2010), Bidding Buzz Ltd (“franchisor”), sought to have the proceedings commenced by Broad Spectrum Training (“franchisee”) alleging that the franchisor had engaged in misleading and deceptive conduct, transferred from the Perth to the Brisbane registry of the Federal Magistrates Court. Read more of this post
June 6, 2011 Leave a comment
Fair Work Australia has completed its second annual wage review under the Fair Work Act 2009. It has determined that there will be a 3.4% increase in modern award wages, effective from the first pay period on or after 1 July 2011. Revised modern awards which include the increased wages will be published on Fair Work Australia’s website. A similar increase will be applied to transitional instruments under the Act which constitute part of the safety net, such as transitional Australian Pay and Classification Scales (APCS). Read more of this post
