Unfair contract terms and small businesses

From 12 November 2016, new laws will allow unfair contract terms in some small business contracts to be declared invalid.  This will give small businesses a remedy when unfair terms are enforced against them. The new laws cover standard form small business contracts entered into or renewed from 12 November 2016.  Unfair contract terms in such contracts may be.. read more →

Disentitling conduct in an estate claim

A court has the power to dismiss an estate claim where the claimant has behaved badly. This is called ‘disentitling conduct’. From time to time in an estate claim, a party alleges that the claimant should not get any more from the estate because of the claimant’s bad behaviour. Or, the deceased may have left.. read more →

Data breach mandatory reporting is coming

The Federal Government hopes to pass the Privacy Amendment (Notifiable Data Breaches) Bill (Bill) by the end of the year.  If passed, the Bill will amend the Privacy Act 1988 (Privacy Act) to introduce a mandatory data breach notification scheme (Scheme). The proposed change At the moment, entities subject to the Privacy Act have to take reasonable.. read more →

Annual leave – take the money and … stay?

Annual leave changes in most modern awards took effect from 29 July 2016. The Fair Work Commission has recently made some far-reaching changes to modern award annual leave provisions.  These changes give flexibility to employers and employees wishing to change their leave arrangements.  They also help to prevent issues with large leave accruals. A large number.. read more →