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Retail Leases – When can a landlord refuse consent to assign?
September 2018 Retail Leases – when can a landlord refuse consent to assign? The recent Victorian Consumer & Administrative Tribunal (VCAT) decision of AVC Operations Pty Limited v Teley Pty Limited [2018] VCAT 931 (Bush Inn Hotel Case) is a reminder highlighting the limitations on Landlord’s ability to refuse consent to an assignment of [...]
ACCC enforcing small business unfair contract terms
August 2018 ACCC enforcing small business unfair contract terms A number of developments have come to light since our February update on new Australian Consumer Laws (ACL) with respect to unfair terms in business-to-business ‘standard form’ contracts (B2B contracts) (see here: http://www.teneolegal.com.au/small-business-unfair-contract-terms-one-year-on/). Early engagement with regulators In the Agri-business sector, AWB Harvest Finance Pools [...]
Contract term that restricts time for making claim under ACL, unenforceable
August 2018 Contract term that restricts time for making claim under ACL, unenforceable Overview In a recent decision in the Victorian Supreme Court Justice Riordan, held that it is contrary to public policy to restrict the statutory remedy provided in s 236 of the Australian Consumer Law (ACL) by limiting the time in which [...]
Government’s Act on Modern Slavery: How will it affect your business?
July 2018 Government’s Act on Modern Slavery The New South Wales Government, followed by the Federal Government, have created legislation to try and stamp out the endemic abuses of human rights throughout Australian industry, and encourage organisations to put remedies in place, improving labour standards at every length of business operations and supply chains. [...]
Notifiable Data Breaches Scheme – One Month On
March 2018 Since our December brief (posted again below, for convenience), and since the Notifiable Data Breaches Scheme (NDBS) came into effect on 22 February 2018, there have been some relevant developments regarding personal information data breaches. Facebook Unless you have been hiding under a rock over this past week, you would have heard [...]
Workplace Bullying – It’s NOT OK.
March 2018 "Speak, even if your voice shakes". Today marks the eighth National Day of Action against Bullying and Violence throughout Australia (https://bullyingnoway.gov.au/NationalDay). Thousands of schools across the country will stand united today to celebrate and raise awareness, holding anti-bullying events including school activities and lesson plans to educate children and work towards wiping [...]
Your Business Credit Rating May Be Affected from Unpaid Taxes!
March 2018 Summary The Federal Government has released an exposure draft, the “Treasury Laws Amendment (Tax Transparency) Bill 2018”, which will allow taxation officers to disclose the tax debt information of business entities to credit reporting agencies. Under the proposed law, the tax debt information of an entity will be disclosed to credit reporting [...]
Small Business Unfair Contract Terms – One Year On
February 2018 Summary Since the 2016 amendments to unfair contract term provisions of the Australian Consumer Law with respect to standard form contracts entered into with small businesses, the ACCC has been actively seeking out and assessing alleged unfair contract terms in accordance with their Compliance and Enforcement Policy. Their first Court action, taken [...]
Alternative Dispute Resolution Options in Australia
February 2018 - Contrary to popular belief, resolving disputes does not always mean going to Court. In our experience, most disputes can be resolved by alternative forms or processes of dispute resolution. You should always discuss with your lawyer the alternative ways of resolving a dispute – a good lawyer will always offer to discuss [...]
3 to 1 – Reduction to Period of Bankruptcy
January 2018 - New 2018 Bankruptcy Laws are set to reduce the period of bankruptcy from three years to one. The disqualification period for holding the position as a director and acting in certain professions are also reduced. There are many other changes trying to strike the right balance between the interests of debtors and [...]
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