Avoiding unfair business practices under Australian Consumer Law

Avoiding unfair business practices under Australian Consumer Law

Under Australian Consumer Law, there are a number of sales practices that are illegal for businesses to engage in when dealing with their customers. Unfair business practices encompass a wide range of activities, such as misleading or false statements and deceptive conduct. Here are some examples of illegal activities that you should be aware of…

Identifying workplace discrimination

Identifying workplace discrimination

Employers have a responsibility to ensure their employees and people who apply to work for them are treated fairly. Set out in federal and state anti-discrimination legislation and the Fair Work Act 2009, unlawful workplace discrimination occurs when an employer takes adverse action against an employee or prospective employee because of their background or certain…

Small Business Fair Dismissal Code

Small Business Fair Dismissal Code

During the course of your business, you may be required to terminate an employee. The Small Business Fair Dismissal Code operates to help employers follow a fair process and protect against unfair dismissal claims when terminating employees. The Fair Work Commission will deem a dismissal to be fair if an employer follows the Code and…

Understanding contracts

Understanding contracts

Working in a business environment, you will inevitably come across contracts at some point. There are basic employee contracts you will encounter when hiring or starting a new job, but then there are more complicated contracts that require greater attention be paid. A contract is a legally binding agreement so they must be entered into…

What you need to know about Gender Identity Laws

What you need to know about Gender Identity Laws

Gender identity can be a sensitive subject but the need for awareness is ever growing. In Australia, sexual orientation, gender identity and intersex status are all protected under The Sex Discrimination Act 1984 (SDA). It is unlawful to treat any person differently because of these reasons. Being aware and considerate of someone’s identity is not…

The ins and outs of prenuptial agreements

The ins and outs of prenuptial agreements

A prenuptial agreement may be the last thing on your mind when you are getting married. Although it may not be a very romantic discussion, have this conversation with your partner so you can secure your personal and business finances in the future. Get educated about prenuptial agreements so you do not leave your business…

Employer’s legal responsibilities regarding sexual harassment

Employer’s legal responsibilities regarding sexual harassment

An employer can be held vicariously liable if they fail to take all reasonable steps to prevent workplace sexual harassment. Implement a sexual harassment policy consistent with discrimination legislation to avoid legal ramifications. Discrimination legislationThe Sex Discrimination Act is a Commonwealth statute that applies to all of Australia. The Act defines sexual harassment as unwanted…

Employer obligations for disabled employees

Employer obligations for disabled employees

Employers must be mindful of disability laws to make sure they do not discriminate in their recruitment and workplace procedures. Workplace laws differ for each state, but the Disability Discrimination Act applies to all of Australia and lays the foundations for defining this kind of prejudice. What is discrimination?Disability discrimination occurs when a person is…

Changing a will after death

Changing a will after death

Contrary to popular belief, a will may be effectively changed after a person’s death. Entering into a deed of family arrangement is a way to vary the terms of a will and can be established provided that all beneficiaries or interested parties come to a consensus on a specific outcome. Circumstances for a deed of…

Drafting co founder agreements

Drafting co-founder agreements

Starting a business with one or more partners means you should draft a co-founder agreement. A co-founder agreement will bind your partners to perform specific responsibilities, confer rights and obligations on each member and define the terms that will govern your business relationship. Consider the checklist below to make sure your co-founder agreement is thorough…