Beware the verbal contract
Douglas v Mikhael [2023] NSWSC 979 A recent decision of the Supreme Court of New South Wales has highlighted the difficulties of enforcing a verbal contract. In this case, the Plaintiff alleged that he had entered into two (2) verbal contracts which entitled him to be paid the profits of businesses operated by the Defendants. The […]
Host with the most – the shifting vicarious liability landscape (Mt Owen v Parkes [2023] NSWCA 77)
Who should read this Business owners, CEOs, CFOs and contract and procurement managers of companies who procure labour through external providers or who have structured their group so that an employing entity supplies labour to an operating entity. The New South Wales Court of Appeal recently found that a ‘host’ employer, as opposed to a […]
How to avoid an own goal: Ambush marketing and the FIFA Women’s World Cup 2023
As the FIFA Women’s World Cup 2023 comes to a close, there is no doubt that the event was a huge success for fans and sponsors alike. With an event of this magnitude, and success in Australia (of both the event itself, the Australian women’s soccer team, and women’s sports more generally), companies will be […]
Subsidised Employee Housing – a recipe for success, or disaster?
Regional local governments are feeling the pinch of a tight recruitment market and are turning to a reliable employee attraction strategy – subsidised housing. With rent skyrocketing across Australia, subsidised housing may be the deal-maker for many prospective employees. However, subsidised housing presents a complex intersection between employment and property issues. If subsidised rental is […]
New mandatory data breach notification laws for NSW local governments
The MNDB Scheme requires agencies to notify the NSW Privacy Commissioner and affected individuals if an “eligible data breach” occurs. An eligible data breach occurs if there is unauthorised access, disclosure or loss of an individual’s personal information which is likely to cause serious harm to the affected individual.
Zombie Development Applications
“Zombie DAs” are development applications that have been approved historically and are seemingly brought back to life, in other words relied and acted upon, many years after they were granted. This can become a cause for concern where developments that no longer adhere to contemporary environmental and planning controls, standards or strategic objectives are permitted […]
New Housing and Productivity Contributions Scheme
On 13 July 2023 assent was given to the Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 (NSW) following its passing on 28 June 2023. The Bill amends the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) to provide for housing and productivity contributions. This article provides an overview of the […]
What you don’t know about unfair contract terms: unmasking the hidden unfairness of non-disparagement clauses
On 10 November 2023, significant changes to the unfair contract terms (UCT) regime in Australia come into effect. With expanded application and the introduction of significant penalties for infringement, if you haven’t already, now is the time to assess whether your business is caught by this regime and, if so, update your documentation accordingly. In […]
Avoiding a crime when changing trustees – Application of MLC Investments Ltd
The recent decision of Application of MLC Investments Ltd (ACN 002 641 661)1 discussed the relevance of a corrupt purpose to s.249E of the New South Wales Crimes Act 1900 (the Crimes Act). This section outlines when the giving and receiving of a benefit upon changes to ‘a person entrusted with property’ will constitute a […]
The Psychosocial Code of Practice – what’s happening with enforcement?
The changes to psychosocial health regulation in Queensland (see our earlier article) have been in play for just four months, and already regulators, unions and workers are regularly referring to the Code of Practice: Managing the Risk of Psychosocial Hazards at Work (Code). So, what are we seeing in the field? Safety regulators Regulators and […]