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Effectively managing employee performance
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Many employers and managers only become involved in the management of employee performance when things start to go wrong. This can lead to a difficult workplace environment for all involved. The key to a happy and productive workplace is getting an early start on monitoring and managing employee performance. Managing employee performance is also closely linked with workplace culture and how your workplace operates.
Author(s):
Tony Cardillo, Emilia Cardillo,
Practice Area(s):
Employment and Industrial Relations
Date: November 1, 2011 |
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Security for Payment Claims: A quick response is key
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Whilst the Building and Construction Industry Security of Payment Act has been in place now for more than 10 years businesses still find themselves in trouble when it comes to the tight timeframes the Act establishes.
Author(s):
Susan Moran,
Practice Area(s):
Dispute Resolution and LitigationMediationDebt RecoveryResolving Disputes
Date: November 1, 2011 |
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The Bodum Chambord Coffee Plunger Shows the Competition that it has a Style and Reputation of its own
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A recent Full Federal Court decision has shown that an unregistered design can attain its own reputation independent of its brand name and packaging. In Bodum A/S & Ors (“Bodum”) v DKSH Australia Pty Ltd (“DKSH”) [2011] FCAFC 98 (5 August 2011), the Court found that Australian company DKSH had engaged in misleading and deceptive conduct under the then Trade Practices Act (now covered under the new Australian Consumer Law) and was guilty of passing off. This case has important implications for designers and manufacturers of goods alike.
Author(s):
Matthew Smith, Kate Hamer,
Practice Area(s):
Intellectual Property
Date: November 1, 2011 |
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Animal Rights Activists Maintain Copyright in Photographs and Video Footage taken whilst Trespassing
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In Windridge Farm Pty Ltd v Grassi & Ors [2011] NSWSC 196, three animal rights activists trespassed onto a piggery and took photographs and video footage of the pigs and the premises. The photos and video were sent to Animal Liberation (NSW) by the activists to initiate an investigation into animal cruelty.
Author(s):
Matthew Smith, Kate Hamer,
Practice Area(s):
Intellectual Property
Date: September 5, 2011 |
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New Pre-Litigation Requirements: What Businesses Should Know
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Businesses will need to review their dispute resolution processes in light of the new Civil Dispute Resolution Act 2011 (Cth) (‘the Act’). The new Act commenced on 1 August 2011 and requires all parties to civil disputes wanting to commence Federal Court or Federal Magistrates Court proceedings to take ‘genuine steps’ to resolve their dispute before applying to those courts.
Author(s):
Micah Jenkins, Susan Moran,
Practice Area(s):
Dispute Resolution and Litigation
Date: August 24, 2011 |
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Are your employee's entitled to annual leave loading on termination?
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Did you know that an employee must be paid leave loading in addition to accrued annual leave on termination?
Author(s):
Tony Cardillo,
Practice Area(s):
Employment and Industrial Relations
Date: June 22, 2011 |
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Do you have a Self Managed Superannuation Fund?
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Do you own business real property and have a Self Managed Superannuation Fund? If so, now might be a good time to consider the attractive tax rates and asset protection afforded to property held under a Self Managed Superannuation Fund ("SMSF").
Author(s):
Matthew Smith,
Practice Area(s):
Commercial Planning and ComplianceBusiness TransactionsBanking and Finance
Date: June 22, 2011 |
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New Employer Requirements: Mandatory Equal Opportunity Reporting for All Businesses
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Businesses will need to review their current gender equality policies as new legislation has been announced which will have a major impact on the gender equality reporting requirements of all businesses with more than 100 employees.
Author(s):
Tony Cardillo,
Practice Area(s):
Employment and Industrial Relations
Date: June 22, 2011 |
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Barry O’ Farrell repeals Part 3A of the Environmental Planning and Assessment Act prior to introducing a replacement regime
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In a dramatic shake up of NSW planning laws Barry O’Farrell has taken steps to repeal Part 3A of the Environmental Planning and Assessment Act (NSW). Unfortunately this step has been taken prior to the enactment of any replacement regime which leaves a number of state significant projects in a state of flux and inreases uncertainty in the development environment.
Author(s):
Katrina Reye,
Practice Area(s):
Government, Planning and Environmental
Date: May 12, 2011 |
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First Home Benefits & Home Builders Bonus Update
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There are various benefits available to First Home Buyers courtesy of the NSW Government. The current benefit available for a First Home Buyer is a grant of $7,000.00 plus an exemption of stamp duty for properties with a purchase price up to the amount of $500,000.00. A partial concession of stamp duty is available for homes priced between $500,000.00 and $600,000.00.
Author(s):
Anna Bailey,
Practice Area(s):
Buying and Selling your Home
Date: May 12, 2011 |
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Letters of Demand: A Word of Caution
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Letters of demand can be a cost effective and efficient means for resolving a variety of civil disputes. Some common examples of such disputes include debt recovery, contract and leasing issues, allegations of misleading and deceptive conduct, and intellectual property disputes such as allegations of trade mark and copyright infringement.
Author(s):
Kate Hamer,
Practice Area(s):
Intellectual Property
Date: May 12, 2011 |
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Post Employment Restraints: Do They Really Work?
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All written employment contracts for key employees of a business should contain a post-employment restraint. But how do you know that the restraint clause will be effective if you need to enforce it? We take a look at a recent case of Hanna v OAMPS Insurance Brokers Ltd [2010] NSWCA 267 and whether a cascading restraint clause can be enforceable.
Author(s):
Emilia Cardillo,
Practice Area(s):
Employment and Industrial RelationsEmployment Disputes
Date: May 12, 2011 |
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Personal Properties Securities Act and Retention of Title Claims: Act now to protect your interests
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The Personal Properties Securities Act 2010 (“the PPSA”), which commences in October 2011, will introduce a national regime for the registration of security interests over personal property.
Author(s):
Susan Moran,
Practice Area(s):
Property and Development
Date: May 11, 2011 |
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