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Australian Consumer Law and how it Affects You

Admin System - Tuesday, August 09, 2016
On 1 January 2011, the Commonwealth of Australia introduced uniform legislation in order to protect consumers, which applies across Australia’s states and territories. This legislation is called the Australian Consumer Law (or ACL), and it is contained within Schedule 2 of the Competition and Consumer Act 2010 (Cth). What does the ..

Giving Small Business A Fair Go: A Positive Change in Unfair Contract Terms Protection Legislation

Feinauer Commercial Lawyers - Friday, July 17, 2015
Background In the last election, a commitment was made by the Government to extend the unfair contract terms protections available to consumers to small business. Between 23 May and 1 August 2014, an extensive consultation process was conducted to gather information on expanding the protections which included conferring with stakeholders on ..

Tax Time

Feinauer Commercial Lawyers - Monday, June 22, 2015
As the end of the financial year approaches, tax planning is foremost on the minds of many businesses. However, in making decisions it is important to assess whether these decisions ultimately satisfy the needs of the situation. By example: Moving things around For instance, advice to create new entities or move assets may ..

The trouble with Husband and Wife Directorships

Feinauer Commercial Lawyers - Tuesday, June 16, 2015
For some years Australia has enjoyed single directorships. That means to run a company only one director is required usually. So why is it that many companies have husband and wife directors? The answer quite often can be found in the fact that someone is simply filling out forms without due thought as to what they are doing. This c ..

PATENTLY FAIR: Federal Court sets precedent by awarding additional damages for patent infringement

Feinauer Commercial Lawyers - Wednesday, June 03, 2015
The Federal Court has, for the first time, awarded additional damages in a case of patent infringement. In Pacific Enterprises (Aust) Pty Ltd v Bernen Pty Ltd [2014] FCA 1372, the Court awarded additional damages under section 122(1A) of the Patents Act 1990 (Cth) in addition to substantial compensatory damages for patent infringement again ..

ACCC releases Policy outlining its consumer law focuses for 2015

Feinauer Commercial Lawyers - Wednesday, May 27, 2015
The Australian Competition and Consumer Commission (ACCC) has recently released its Compliance and Enforcement Policy for 2015 (Policy). The Policy outlines the ACCC’s priorities for enforcing breaches of the Australian Consumer Law. Companies and persons engaging in trade or commerce must comply with the Australian Consumer Law, as s ..

FINETUNING THE PPSA – Recommendations to the Senate on amendments to the Personal Property Securities Act

Feinauer Commercial Lawyers - Monday, May 11, 2015
On 4 April 2014, the Attorney-General announced a review of the Personal Property Securities Act 2009 (PPSA). The final review was released recently on 18 March 2015. With 394 recommendations for the Senate to consider, the review suggests that substantial reform to the legislation is needed for the PPSA to meet its original purpose o ..

CAUGHT IN THE SHADOW – Court pings shadow director for insolvent trading

Feinauer Commercial Lawyers - Tuesday, May 05, 2015
The Queensland Court of Appeal has recently upheld a finding of insolvent trading against a shadow/de facto director of a company in Featherstone v Hambleton as liquidator for Ashala Pty Ltd (in liq) [2015] QCA 043 (14/2436). The facts were that Mr Featherstone, who was a director of Ashala Pty Ltd until late 2005, occupied premises w ..

Exercise Your Option Correctly!

Feinauer Commercial Lawyers - Tuesday, April 28, 2015
Late last year, the much publicised case of Astor Theatre WA Pty Ltd v Zimmerman Investments Pty Ltd [2014] WASC 329 brought to light issues surrounding the exercise of an option under a lease. In a stern reminder to Lessees, the Supreme Court of Western Australia has held that, as a notice of an option to renew and extend the term of a lea ..

MIND YOUR P'S AND Q'S ONLINE - Defamatory Facebook posts are actionable

Feinauer Commercial Lawyers - Monday, April 20, 2015
A publication made on Facebook is one that can reach a large audience quickly, and cause damage to a person’s reputation. The recent Western Australian District Court case of Dabroswki v Greeuw [2014] WADC 175 has reinforced the need to take care when posting on any form of social media, as defamatory posts on social media are actionable. ..

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