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Litton Legal
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25.01.2022 With more & more people working from home due to the impact of Covid-19, it can get tricky to record your employee’s hours. Even if employees aren’t working from home, a timesheet can be an effective workplace tool for monitoring productivity. Benefits of using a timesheet are: They reduce time waste by measuring productivity... You can bill more accurately if you need to provide proof of productivity to clients or justify invoices/billed hours You can track project costs & understand how employees spend their time There are many software options out there for timesheet tracking. Fairwork.Gov.Au also have a handy timesheet template (pictured) which you can download here: https://www.fairwork.gov.au//templates-and-guides/templates (Scroll to ‘Timesheet Template’ under ‘Hours of Work’) Do you use a timesheet to monitor your employee’s hours?
23.01.2022 Dispute resolution refers to the processes by which disputes are brought to an end. So when it comes to Dispute Resolution, what are the features of a good Dispute Resolution process? The FairWork.Gov.Au website has a handy resource page outlining exactly this. SWIPEto see.... Head to: https://www.fairwork.gov.au//best-practice-guides/effectiv For more information which also includes advice on the following topics: Working at best practice Dispute Resolution in modern awards and enterprise agreements Which dispute resolution procedure applies to me or my business? What if the employees are not covered by an award or enterprise agreement? What are the features of a good dispute resolution process? Can the Fair Work Commission help with a dispute? The typical process explained Can independent persons help with a dispute? Checklist for dispute resolution best practice At Litton Legal, we’re experts at dispute resolution. If you need legal assistance resolving a commercial dispute, contact our friendly team on [email protected] See more
22.01.2022 What is a company constitution? A constitution is a contract between: + The company and each member... + The company and each director + The company and the company secretary, and + A member and each other member. A company can adopt a constitution before or after registration. If it is adopted before registration, each member must agree (in writing) to the terms of the constitution. If a constitution is adopted after registration, the company must pass a special resolution to adopt the constitution. SWIPE for more info on company constitutions. And don’t forget If you like our posts and find them informative, please save, share or tag a business buddy below SOURCE: ASIC.GOV.AU See more
22.01.2022 A 'Restraint of Trade' clause is commonly included in employment contracts and applies to post-employment conditions (for when an employee leaves the business). Typically, they refer to the following; The former employee can't use their former employer's trade secrets/confidential information/intellectual property... The former employee can't work for competitors within a certain geographical area and/or for a certain period of time after leaving The former employee can't solicit clients or staff from their former employer The terms are "reasonable" for both parties in order to protect the former employer's business interests (onus is on the party providing restraint) The terms are "reasonable" in the interest of the public (onus is on the party wishing to remove the restraint clause to demonstrate they're not reasonable in the interest of the public). Restraint of Trade clauses can be a good protective measure for employer's to include in their employment contracts. It's important to regularly review the efficacy of restraint clauses to ensure they're still relevant to current employment conditions and that they do not conflict with the Competition and Consumer Act 2010. It can be a risk for employer's when hiring new employees but a well-drafted Restraint of Trade clause within your Employment Contracts can protect your interests. If you need assistance drafting employment contracts, or advice on a Restraint of Trade clause, contact our office on [email protected] And if you like our posts - don't forget to save, share or tag a business buddy below See more
22.01.2022 If you plan on starting up a new business, do you know how to use the trademark search function on IP Australia's website? This is a very important step to undertake to ensure your business name or logo doesn't infringe on another business owner's IP. This can be tricky as merely searching for an identical mark is not always sufficient. Head to: https://www.ipaustralia.gov.au//appl/searching-trade-marks... for more information on: Using their Australian trade mark search function Searching trade mark classifications Access to their free downloadable file "Australian Trademark Search Reference Card" which you can also access here: https://www.ipaustralia.gov.au//australiantrademarksearchr If you need assistance securing your intellectual property, contact our friendly team on [email protected]
22.01.2022 Today we’re going to share some #patent history with you! Margaret Knight was a lifelong inventor who grew up in the 1800s. When she was a child she’d visit her siblings working in textile factories and witnessed a horrible accident involving a shuttle breaking free from its pool of thread, stabbing a young boy. When she found out these types of accidents were commonplace she invented an auto-stopper device to prevent them. Even though she was only 12 years old, cotton mi...lls throughout America adopted her safety device (which sadly, she never profited from). When she was older she started a job in a paper bag factory, working on a machine that put together envelope-stye paper bags. There was high demand for flat bottomed paper bags but women in the factory would have to sit and hand glue them together making it incredibly labour intensive. Seeing a need to improve this manual system, Margaret decided to design a machine that could easily manufacture flat bottomed paper bags. Once she finished a successful prototype, she attempted to register the patent for her design and was shocked when it was rejected. A man named Charles Annan, who worked in the machine shop where Margaret was making her machine, stole her designs and patented it for himself! Margaret was able to challenge his patent filing through the use of witnesses and original blueprints she had kept. It didn't help that Charles’ main defence in court was that she couldn’t have designed a machine like that simply because she was a woman. (SWIPE to see a copy of Margaret's patent). Margaret went on to patent over 25 inventions throughout her life, overcoming the many challenges women inventors faced in this time period. Next time you grab a takeaway meal in a flat bottomed paper bag - give thanks to Margaret Knight! Do you have an incredible invention that could change humankind? Need assistance filing a patent or discussing the best protections for your intellectual property? Send us an email on [email protected] See more
20.01.2022 Patent Assertion Entities (PAEs), otherwise known as patent trolls, are companies that obtain the rights to one or more patents in order to profit by means of licensing or litigation, rather than by producing its own goods or services. Patent trolls are an issue for many reasons including; + They don’t contribute to fostering innovation. Many patents are obtained by buying companies going into liquidation/bankruptcy & by purchasing from small investors but they usually do n...ot commercialise or manufacture these patents + Their business model relies on making money by suing other companies for patent infringement, demanding licensing fees or damages + The impact of patent trolls significantly hinders venture capital investment for new startups as the risk of patent litigation can be costly + They can be a huge issue blocking rightful creators/inventors from the legal protection that would otherwise be available to them Patent trolls are especially prevalent in the tech industry (and other innovative industries). Some of the most well known victims of patent trolls are Google, Apple, Samsung, Dell and Amazon. Many companies pay the sums demanded by patent trolls in order to avoid costly litigation. One of the risks with a legal system built to protect the intellectual property of individuals and businesses is people taking advantage of it for their own financial gain. So what should you do if you think you’re the victim of a patent troll? First of all seek legal advice. A good lawyer will be able to help you discern whether it’s financially worth the fight and what all of your options are. Contact our friendly team on [email protected] if you need assistance in this area.
20.01.2022 It’s an oldie but a goodie - this article from 2017 highlights the case study experiment ‘NameDrop.’ NameDrop was a bogus social network created by two communications professors, Jonathan Obar of York University in Toronto and Anne Oeldorf-Hirsch of the University of Connecticut. They wanted to test how many college students read through the terms of service before signing up to NameDrop. Only a quarter of the 543 students bothered to look at the fine print with the majority... agreeing to paragraph 2.3.1 of the terms of service; give NameDrop their future first-born children. The experiment seemingly confirmed what most researchers have found: most people don’t read online contracts, license agreements, terms of service, privacy policies or other agreements before signing up to a service. The most common issue with by-passing the actual reading part of a contract’s terms is agreeing to have your data shared, sold or stored with third party users. So what’s the best solution? Taking time to read your #contracts and understand the conditions before agreeing to their terms. #TermsAndConditions #TermsOfService #ContractLaw http://ow.ly/MFvS50EbVr0
19.01.2022 In Australia, Copyright is automatically granted when a work is created. The creator doesn’t need to do anything to gain copyright or protection of their work. So what does ‘All Rights Reserved’ mean when it’s included with a copyrighted work? This is a formal notice copyright owners use to indicate they reserve all rights granted to them under Copyright law.... These rights generally include the rights to reproduce, publish, distribute, display, make adaptations of or communicate (including over the internet) a work. Copyright is also considered property that can be bought and sold independently of the physical item. Copyright lasts for the life of the author plus 70 years in Australia (dependent on different types of copyrighted material as Copyright Law has undergone many changes over the years). When copyright expires, the work enters the public domain and the rights holder (with certain exceptions) can no longer stop others engaging in activities under copyright. Some copyright notices will include the phrase Some Rights Reserved. This is usually under a Creative Commons license and offers creators a spectrum of choices between retaining all rights and relinquishing all rights to the public domain. Copyright protection is a form of intellectual property. Disputes can arise when it comes to breaches of your copyright or to do with issues related to licensing, distribution, reproduction, communication, performance or monetising your copyright. Talk to us if you need help in this area by sending our friendly team an email on [email protected] And don’t forget If you like our posts - save, share or tag a business buddy below See more
18.01.2022 Happy Easter! We hope you’re enjoying your long weekend and eating plenty of chocolate In the spirit of Easter, we’re sharing with you a chocolatey trademark story from 2013. After more than a decade in court, Swiss chocolate firm Lindt lost its Easter bunny trademark case against German competitor Confiserie Riegelein (SWIPE to see).... Lindt & Spruengli had attempted to finalise a trademark of their well known chocolate Easter bunny, wrapped in gold foil with a red bow tie, saying at the time; the sitting gold-wrapped bunny has been a firm part of our offering for at least half a century. The Lindt chocolatier brand has existed since the 1840s. After Lindt’s fourth and final appearance in court, the German courts had to decide whether it was legally possible to register a product, which was in general use for decades, as a trademark. Ultimately they decided no. Confiserie Riegelein was the only defendant left to face up to Lindt in the courts after a number of smaller chocolate-making firms gave in to pressure from the Swiss giant to cease making chocolate bunny replicas. Lindt has continued to defend its strong brand over the years. #HappyEaster #HappyEaster2021 #Easter2021 #Lindt #EasterBunny #Trademark #TrademarkLaw #TrademarkLawyer #IPLaw #IPLawyer
18.01.2022 At the request of treasurer Josh Frydenberg, the ACCC (Australian Competition and Consumer Commission) has developed a draft mandatory code (SWIPE to see) that would require Google (and other large platforms) to share a portion of its multi-million dollar advertising revenue with Australian media organisations and newspapers. Not only would Google be targeted but other technology giants such as Facebook who benefit from Australian media sharing and advertising using Aust...ralian news content. Both Google and Facebook have issued statements opposing the draft code with Google providing a pop-up warning last month to Australian users about the proposed changes. Facebook has threatened to block Australians from sharing news if the code becomes law. The mandatory news code has been backed by all the major media companies including News Corp Australia, Nine Entertainment and Guardian Australia, as a way to offset the damage caused by the loss of advertising revenue to Facebook and Google. The ACCC chair Rod Sims was quoted by The Guardian as saying, the draft media bargaining code aims to ensure Australian news businesses, including independent, community and regional media, can get a seat at the table for fair negotiations with Facebook and Google. Facebook already pays some media for news content. The code simply aims to bring fairness and transparency to Facebook and Google’s relationships with Australian news media businesses. Head to: https://www.accc.gov.au//australian-news-media-to-negotiat for more details on the ACCC's draft code which includes guidelines for negotiating fair payment & mediation (for up to three months) with an option for news business' to proceed to binding final offer arbitration. SOURCE: THE GUARDIAN 2020 and ACCC.GOV.AU See more
17.01.2022 Covid-19 has significantly impacted the Australian economy and as a result, many businesses have decided to close up shop or sell their business to a new owner. If you’re interested in purchasing an established business, there are steps to take before making an offer. Business.Gov.Au have a handy resource page on ‘Buying an Existing Business.’ Their tips include:... 1. Check to see if you’re business ready 2. Identify the right business 3. Do your research 4. Value the business 5. Conduct due diligence 6. Make an offer SWIPE to see If you need legal advice and assistance with purchasing an established business, contact our team on [email protected] Don’t forgetif you like our posts, please save, share or tag a business buddy below See more
16.01.2022 Did you know that you have all the usual consumer rights when it comes to online shopping? As more and more retail stores move online, especially in response to Covid-19, it's important to protect your online shopping rights. The ACCC (Australian Competition & Consumer Commission) website shares these tips: Only consider buying from reputable online sellers in Australia & overseas... Check Terms & Conditions carefully so you know what you're paying for & that there are no hidden costs or restrictions Ensure your computer, tablet or phone is secure by installing/updating security & anti-virus software Shop around, compare prices on other websites Before paying check that the site is secure. It should have a padlock symbol and an address starting with https:// Keep copies of all documents/electronic records If there are any issues, email the seller directly outlining the problems and how you want it resolved If you paid by credit card and didn't receive the product/service, contact your bank and ask them to reverse an unauthorised charge Head to: https://www.accc.gov.au/co/online-shopping/shopping-online for more information about your online consumer rights. SOURCE: ACCC.GOV.AU See more
16.01.2022 At Litton Legal, we work with business owners and individuals alike who need assistance within the following areas of law: + Litigation + Commercial + Corporate... + Employment + Defamation + Trademarks & Intellectual Property SWIPE to see a round-up of our favourite resources for government advice/legislation as well as tips & guidance for business owners and individuals. There’s a wealth of information in these websites! What are your favourite business websites? Where do you go for handy information as a business owner? Let us know in the comments below and tag your favourite accounts See more
13.01.2022 At Litton Legal, we advise and practise in 6 main areas of law. These are: Litigation Commercial Corporate... Employment Intellectual Property Defamation All of this week, we’ll be spotlighting each area and sharing a snapshot of how we can assist YOU. Today we’re highlighting DEFAMATION (SWIPE to see ) As Defamation specialists, we know that reputation matters. If your personal or professional reputation has been damaged by defamatory publications, there are steps you can take to rectify this and we can help. If you need assistance with any Defamation matters, contact our friendly team on [email protected] And if you find our posts helpful, don’t forget to like, share or tag a business buddy below See more
13.01.2022 What are the National Employment Standards? The National Employment Standards (NES) are the 10 minimum standards of employment. The national minimum wage and the NES make up the minimum entitlements for employees in Australia. An award, employment contract, enterprise agreement or other registered agreement can't provide for conditions that are less than the national minimum wage or the NES. They can’t exclude the NES.... The NES cover the following: Maximum weekly hours of work Requests for flexible working arrangements Parental leave and related entitlements Annual leave Personal/carer’s leave, compassionate leave, and family and domestic violence leave Community service leave Long service leave Public holidays Notice of termination and redundancy pay Provision of a Fair Work Information Statement SWIPE for more detail and head to the FairWork.Gov.Au for more information on the NES: https://www.fairwork.gov.au//national-employment-standards At Litton Legal, we're experts at Employment Law. Contact us on [email protected] if you need legal assistance with any Employment Law matters. And don’t forget if you like our posts, save, share or tag a business buddy below See more
12.01.2022 Employers have to give every new employee a copy of the Fair Work Information Statement (the FWIS) before, or as soon as possible after, they start their new job. The FWIS provides new employees with information about their conditions of employment. The FWIS has information on:... The National Employment Standards Right to request flexible working arrangements Modern awards Making agreements under the Fair Work Act 2009 Individual flexibility arrangements Freedom of association and workplace rights (general protections) Termination of employment Right of entry The role of the Fair Work Ombudsman and the Fair Work Commission. The FWIS can be given to new employees in person, by mail, by email, by emailing a link to the Fair Work website or by fax. SWIPE to see a copy of the FWIS. And for more information head to: https://www.fairwork.gov.au//fair-work-information-stateme SOURCE: FAIRWORK.GOV.AU See more
10.01.2022 Dispute resolution refers to the processes by which disputes are brought to an end. This can occur through: A negotiated outcome, where the parties concerned sort out things themselves... A mediated outcome, where the parties use the services of an independent mediator to help them arrive at their own agreement, or An arbitrated or adjudicated outcome, where an independent arbitrator or court determines how the dispute is to be resolved and makes a binding decision or order to this effect. We’ve created this simple infographic on dispute resolution. If you like our posts don’t forget to save, share or tag a business buddy below At Litton Legal, we’re experts at dispute resolution. If you need legal assistance resolving a commercial dispute, contact our friendly team on [email protected] See more
10.01.2022 Here at Litton Legal, we love working with #StartUps and business owners. We'll be launching a new feature on our blog, interviewing industry disruptors, leaders and inspirational business folk willing to share some tips about their business journey so far. As a commercial law firm, we have a special focus on the legal aspects (business contracts, dispute resolution, brand protection, intellectual property/trademarking, etc.) and how this has been a part of your business jour...ney. We would love the opportunity to interview you and share your story on our page and social media channels if you were interested in taking part. Comment below or send us a DM on Instagram, Facebook or LinkedIn. You can check out our new blog section here: www.littonlegal.com.au/blog
09.01.2022 We love this! What a clever way to stand out when applying for a job, especially in 2020. Full article link in comments
09.01.2022 A Sydney woman was sued for #defamation by a travel agency company over comments she published in a Facebook mother’s group. However, she was awarded legal costs after fending off the lawsuit. Price Beat Travel launched defamation proceedings against the woman over a July 2018 post in which she criticised the business. Suing for defamation as a company means they needed to satisfy the criteria that allows companies to do so. Most companies under Australian Law cannot sue for ...defamation unless they are a small corporation which employs 10 people or less. The woman’s barrister’s pointed to an extract from the company’s website which said it had over 40 staff members based in Sydney, Melbourne and India. The travel agency argued that workers in an Indian call centre should not be counted as employees. Judge Abadee said "I am not persuaded that at the date of the [defamatory post], the plaintiff did not 'employ' the Indian [call centre] workers. It follows from this that I am not persuaded that at that time, it employed fewer than 10 persons. The plaintiff therefore does not have the capacity to sue the defendant in defamation." At Litton Legal, we’re experts in Defamation Law. If you need assistance in this area, contact our friendly team on [email protected] https://www.smh.com.au//sydney-woman-sued-over-comment-in-
09.01.2022 At Litton Legal, we know that reputations matter and we're experts at helping you protect it. Brand reputation is important not only for commercial viability but for upholding professional and personal standing. Check out this informative article from Harvard Business Review on business reputation and its risks. Their tips for WHY reputation matters include: Firms with strong positive reputations attract better people. They're perceived as providing more value which often al...lows them to charge a premium Customers are more loyal & buy broader ranges of products + services The market believes such companies will deliver sustained earnings & future growth 70% to 80% of market value comes from hard-to-assess intangible assets such as brand equity, intellectual capital & goodwill Their article also details three determinants of reputational risks: 1) Whether a company's reputation exceeds its true character 2) How much external beliefs & expectations change 3) The quality of internal coordination which can also affect the above points Reputation matters. If you need assistance protecting your personal or professional reputation in any of the following areas: Litigation Corporate IP & Trademarking Employment Commercial Defamation Then contact our friendly team on [email protected] https://hbr.org/2007/02/reputation-and-its-risks.
08.01.2022 What is a Concerns Notice? A Concerns Notice is a formal document, similar to a Letter of Demand, sent by an aggrieved person to a person who has made defamatory publications about them. It outlines the alleged defamatory material and the remedy being sought. Other key notes:... It’s usually the first step to pursuing a defamation action It’s issued under the Defamation Act 2005 (dependant on State/Territory) It aims to resolve defamation disputes quickly without the need for litigation The Act provides for an ‘offer to make amends’ by the publisher of the defamatory publication towards the aggrieved party. Any offer to make amends must be made within 28 days of having received the concerns notice It puts the offending party on notice that you may sue them if their offer isn’t satisfactory If you’ve received a Concerns Notice or need to send one, there are many important factors to consider. At Litton Legal, we’re experts at Defamation Law. If you need assistance in this area contact our friendly team on [email protected]
08.01.2022 On August 20th, the Victorian government announced it was extending the current rental eviction moratorium until the end of the year. This applies to both residential and commercial tenancies. The measures include: Ban on evictions and rental increases extended until December 31... $60 million hardship fund to provide up to $3,000 for small commercial landlords per tenancy Rental Relief Grant payments increased to $3,000 for eligible residential tenants and landlords Land tax discount doubled from 25 to 50 per cent for eligible landlords $600,000 funding for advocacy groups to help support vulnerable tenants Rent relief provided by commercial landlords to match tenants' fall in turnover For full details on commercial tenancy & landlord relief schemes available from the Victorian Government, head to: https://www.business.vic.gov.au//commercial-tenancy-relief https://www.google.com.au//s/amp.abc.net./article/12578006
07.01.2022 That’s certainly one viewpoint on copycats within the fashion industry. Christopher Sprigman, a law professor at New York University, was quoted by Business of Fashion as saying copycats help create and, subsequently, destroy fashion trends, which just keeps the fashion cycle in motion. What do you think of this viewpoint? (Make sure you answer the poll in our instagram stories!) Copying happens very often with ‘fast fashion’ designers but high-end luxury designers als...o borrow each other’s designs. Instagram account @Diet_Prada is dedicated to outing luxury designers who do this.(SWIPE to see a preview). Fast fashion as a whole, believes that trendy clothes should be accessible to consumers who can only afford lower price points. But how do they get away with copying other brands? There are many legal loopholes when it comes to fashion design and it comes down to the country of origin of the original designer and what kind of IP protections are in place. Some options can include copyright, trademark, design or patent protection. Logos, original prints and brand names are much easier to protect against copycats, particularly if consumers see that mark or name and associate it with the brand that is using it. While many fast fashion designers typically target large high end fashion creators, they sometimes copy the designs of smaller, independent artists. The legal fees associated with protecting copyright can prove too high for many smaller brands while the larger ones have greater legal power to fight long, drawn out disputes. If you need assistance understanding your IP protection options as a fashion designer, get in touch with us on [email protected] See more
06.01.2022 Volkswagen have admitted a proposed name change was part of an elaborate April fools day joke. On Monday, Volkswagen of America accidentally posted a press release on its website announcing it would change its name to Voltswagen to promote its push into electric vehicles. The fake announcement drew a lot of publicity, especially seeing how Volkswagen have spent over AU $113 billion into developing electric vehicles. But many journalists were not happy and felt they’d been d...eceived. The announcement saw Volkswagen stocks rise by 5% and it’s possible the US Exchange Commission could take action on the name change misinformation. This incident bears some similarity to one in 2018 in which Tesla's CEO Elon Musk tweeted that he had the funding secured to take the company private. This comment drove up the stock price. Later, it was revealed the funding had not been lined up. Musk and Tesla each agreed to pay $20 million in penalties to the SEC. #CorporateLaw #CompanyLaw #Volkswagen #AprilFools https://www.abc.net.au//volkswagen-hoaxes-media-/100040450
06.01.2022 What is a Ladder/Cascading clause? Yesterday we shared some general information on ‘Restraint of Trade’ clauses in Employment Contracts (head to previous post to read). Today we’re discussing Ladder/Cascading Clauses as these types of clauses are often contained within Restraint of Trade clauses. If a court decides the first tier of the clause is unenforceable, a lower tier will apply (hence the term: Ladder/Cascading). The clause will cascade through different opt...ions for the court to enforce on behalf of the employer. Generally speaking, courts will strike out broader restrictions and it’s important these clauses are drafted carefully. SWIPE to see a (very simple!) example of a Ladder/Cascading clause For a court to decide whether a clause is enforceable or not depends on how reasonable the measures are for each party, the definition of Restraint of Trade clauses within each State/Territory (and how the court has applied these terms in previous cases) and how well defined that clause is in protecting legitimate business interests. To ensure your employment contracts are drafted reasonably and adhere to State/Territory legislation, it’s imperative to use an Employment Lawyer. At Litton Legal, we’re experts in Employment Law. Contact our friendly team on [email protected] if you need assistance drafting your employment contracts. And don’t forgetIf you like our posts - save, share or tag a business buddy below See more
05.01.2022 A company’s name must indicate its legal status and most company names end with the abbreviation ‘Pty Ltd’ or ‘Ltd.’ But do you know the difference between the two abbreviations? Pty Ltd + Stands for ‘Proprietary Limited’ + Used for most private companies not listed on the Australian Stock Exchange (ASX)... + A Pty structure must have less than 50 shareholders who are not employees + It is limited by shares meaning it’s incorporated with a share capital made up of shares taken by each initial member on incorporation + Members are liable only to the extent of any unpaid amounts on their shares + Most have at least one director who ordinarily resides in Australia that complies with director’s duties set out in the law + Private companies can’t offer shares to the public + Relatively easy to set up & not too difficult to maintain Ltd + Stands for ‘Limited’ and signals to investors the ‘limited’ liability the company has + Used for public companies which may or may not be listed on the ASX + There is some ownership by the public without the restrictions placed on proprietary companies in regard to share offers + Public companies are required to lodge their annual accounts with the ASIC Remember You can only use the terms ‘Pty Ltd’ or ‘Ltd’ if your business is registered as a company. If you have any questions about company structures, corporate liabilities or what commercial decisions may be best for your business - we can assist. Contact our friendly team on [email protected] Do you like our informative posts? Please save them, share in your stories/newsfeed or tag a business buddy below SOURCE: GUIDES.SLV.VIC.GOV.AU See more
03.01.2022 In the digital age of online business, many companies have resorted to using digital contracts. This means terms and conditions can simply be accepted with the click of a button. The two most common forms of online contracts are; + Click-wrap agreements and ... + Browse-wrap agreements SWIPE to see what they are If you find our posts helpful, don’t forget to tag a business buddy in the comments below, like, save or share this post to your feed. #Contracts #DigitalContract #TermsAndConditions #ClickWrapAgreement #BrowseWrapAgreement #ContractLaw #OnlineBusiness
02.01.2022 Daylight saving time ended over Easter on Sunday 4 April 2021 in the ACT, NSW, SA, TAS & VIC, with clocks going back 1 hour at 3am to 2am. {Daylight saving time doesn't apply in the NT, QLD or WA} Don’t get caught out in any misunderstandings about pay when hours have been worked over daylight saving time. ... Employees should check their award, registered agreement or employment contract to see if there's anything about daylight saving time in it. If it doesn't say anything, employees that work overnight when daylight saving time ends are paid according to the clock. Daylight saving time ends with rolling the clock back from 3am to 2am. This means that employees working an overnight shift work 1 hour more but aren't paid for that extra hour. This also means that when daylight saving time started and the clock was rolled forward, employees worked 1 hour less but should have been paid according to the clock. SWIPE to see an example from the Fair Work website SOURCE: FAIRWORK.GOV.AU
02.01.2022 In news out of the UK, actor Johnny Depp has lost his #defamation case against tabloid newspaper #TheSun. He filed his defamation suit against the paper over articles they ran calling him a wife beater in reference to his marriage with ex wife, actress Amber Heard, and allegations she had made of their time as a couple. Both Depp and Heard appeared in court to provide evidence. Judge Andrew Nicol said he accepted claims from Heard that Depp had violently assaulted her durin...g their tempestuous five-year relationship. "I have found that the great majority of alleged assaults of Ms Heard by Mr Depp have been proved to the civil standard," Judge Nicol said. "The claimant has not succeeded in his action for libel." Depp’s legal team have said they’ll appeal the ruling. Depp has also filed a a $50 million (A$71m) defamation lawsuit against Heard in a Virginia court in the U.S over an opinion piece she wrote in The Washington Post. In Australia, the terms libel and slander are still commonly used but they don’t exist under Australian Law. The Defamation Act 2005 abolished libel and slander and they now both broadly fall under defamation. Libel refers to defamation that occurs in print Slander refers to defamation that occurs in speech At Litton Legal we’re experts in Defamation Law. If you need assistance in this area contact our friendly team on [email protected] https://www.google.com.au//s/amp.abc.net./article/12840998
02.01.2022 Qantas boss Alan Joyce has divided opinions across Australia by declaring a COVID-19 vaccine will be compulsory for international travel. In his recent interview with Tracy Grimshaw on A Current Affair, Joyce said Qantas will be updating their Terms and Conditions to reflect the requirement. He also said other airlines are likely to impose similar requirements once health regulators around the world approve a vaccine. He said the policies could be enforced by providing trave...llers with a digital vaccination passport that shows what vaccine they’ve received and whether it’s acceptable to the country you’re travelling to. Qantas are within their rights to include this in their flight's Terms & Conditions. It's also likely Qantas would require their staff to receive the COVID-19 vaccination. Requiring staff to be vaccinated is not uncommon in many industries. Pre-pandemic, workers in particularly high risk jobs that have a greater risk of getting and/or transmitting a disease preventable by vaccination are required to receive relevant immunisation. This includes, but is not limited to, healthcare workers, people who look after children and carers of older people. Post-pandemic, this stance may change for even more industries to adopt a vaccination policy into their employment agreements. Many workplaces already offer free or subsidised vaccinations for their employees. https://www.facebook.com/129086560531063/videos/793985658123557
01.01.2022 What is your business’ pricing strategy? Pricing is a crucial element of business. On Business.Gov.Au you can find out what you need to consider when you price your products and services, types of pricing strategies, legislation obligations, what your price should include, and where to conduct research. SWIPEto see a preview of the comprehensive information available on their website.... And head to: https://business.gov.au/Products/Develop-a-pricing-strategy For more information. If you need assistance setting up your #startup successfully, contact our friendly team on [email protected]
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