22 March 2012
The recent case of Stutsel v Linfox Australia Pty Ltd  FWA 8444 (19 December 2011) highlights the importance of employers implementing a defined social media policy and educating their employees about the policy.
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19 March 2012
The recent high profile case commenced by Sally Berkeley against Pacific Brands claiming $9 million for bullying and harassment in the workplace, and the earlier highly publicised case of Kristy Fraser-Kirk and David Jones, have served to highlight to many employers why it is necessary to take a proactive and vigilant approach to discrimination and harassment in the workplace at every level of the organisation.
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13 March 2012
The Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2012 was passed through the House of Representatives on Thursday 16
The Bill, once passed by the Senate, will replace the Building and Construction Industry Improvement Act 2005 (BCII Act) with the Fair Work (Building Industry) Act 2012.
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Author: Renae Harding
1 March 2012
In May 2011 the Western Australian parliament passed the Building Services (Complaint Resolution and Administration) Act 2011 (“the Act”). The Act is one of four
pieces of legislation recently enacted by parliament, which together deliver the most significant reform to building legislation in Western Australia in over 50 years.
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Author: Matthew Lang
1 March 2012
The recent Supreme Court of Western Australia (Court of Appeal) decision in Dodds v Kennedy [No 2]  WASCA 131 considered the standard REIWA Subject to Finance clause.
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15 February 2012
In recent years there has been an increase in the number of Local Governments seeking to either commercialise surplus land or revitalise and redevelop underutilised precincts by pursuing development opportunities with private sector proponents. A Memorandum of Understanding (MOU) can be used by a Local Government seeking to formally investigate such an opportunity without committing the Local Government to proceed with the project.
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Author: Simon Moen
15 February 2012
The recent Supreme Court of Western Australia (Court of Appeal) decision in Whitegum Petroleum Pty Ltd v Bernadini Pty Ltd  WASCA 229 has highlighted
the need for a tenant to use clear and unambiguous language when giving notice of its decision to exercise an option to renew in a lease.
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2 February 2012
Assignment by a liquidator of statutory causes of action against a director - Can't, in the matter of Novaline Pty Ltd (InLiq)
The recent Federal Court of Australia decision in Novaline considered the assignment of statutory causes of action. In particular, whether a liquidator could cause the company in liquidation to enter into a deed of assignment of causes of action the company had against a director for alleged breach of ss 180 – 184 of the Corporations Act 2001 (Cth) (the Act).
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30 January 2012
While it is common, in commercial leases, to see option to renew provisions which a tenant may only exercise if it is not in default under the terms of the lease, landlords must have regard to the provisions of the Property Law Act 1969 (WA) before refusing to grant an option to renew.
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Author: Rebekah O'Brien
25 January 2012
The Personal Property Securities Act 2009 (Cth) (“Act”) creates a single national law governing security interests and similar transactions with respect to many different
kinds of tangible and intangible property, other than real property. The scheme under the Act commenced on 30 January 2012.
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Author: Will Moncrieff