After a worldwide search for a permanent replacement of our Legal Director, we engaged MLB on an 8 month contract. They performed a variety of in house legal work involving franchises and consumer law. We found their service excellent. Our candidate has just begun their tenure, but I know that if we needed legal help I would have no hesitation in calling MLB for their assistance.
With the consistent level of growth in my company, I needed a substantial amount of trademarks registered within a short period of time due to an aggressive go to market plan. We also had a complex trademark dispute which had to be resolved promptly. Rather than briefing an external law firm, I asked MLB to work at my premises on a part time basis. This was beneficial for my business because I was able to instruct the lawyer quickly, incurring the least amount of cost in the process. I would recommend this service for a business who is interested in having a flexible cost effective legal service.
I was apprehensive about employing a new solicitor before end of the financial year, so I engaged MLB for 6 months. Professional staff service and knowledge of all aspects of commercial contracts meant that our company was fully protected. They took the time to understand the way our business operates and provided legal advice that was practical for our business. It also saved valuable company time and money to engage them on a project basis.
Changes To Fair Work Act 2009
The Fair Work Amendment Act 2012 (Cth) makes changes to the Fair Work Act 2009 (Cth) effective from 1 January 2013. Fair Work Australia is now called the Fair Work Commission (“the Commission”). The Commission is granted further powers. There are also changes regarding unfair dismissals, general protections and enterprise agreements.
Employees who have been unfairly dismissed on or after 1 January 2013 will have 21 days from the date of dismissal to lodge either an unfair dismissal or a general protections application arising from termination.
The Commission has the power to dismiss unfair dismissal applications and make cost orders against parties, lawyers and paid agents in unfair dismissal cases, in cases where one party acted unreasonably or failed to act reasonably.
New Privacy Laws
The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 was passed on 29 November 2012 and will significantly change Australian privacy law.
From March 2014, both public and private businesses must comply with the changes which include personal information may not be used for direct marketing unless certain requirements are satisfied.
Companies need to be aware of the penalties for noncompliance, including civil penalties of up to $220,000 for individuals and $1.1 million for companies in the case of a serious or repeated interference with the privacy of an individual.
All businesses should review their privacy procedures to ensure compliance.
The Consequences Of Rejecting Calderbank Offers
In the personal injury case of Mansi v O'Connor & Ors [2012] QSC 374 the Plaintiff was ordered to pay the Defendants’ costs from a specified date despite having succeeded in obtaining judgment against the Defendant for the sum of $93,757.51.
The defendant made a Calderbank offer to the plaintiff a week before trial to pay the plaintiff the sum of $400,000 plus costs. The court held that it was unreasonable for the plaintiff to reject the offer and on this basis ordered that the plaintiff pay all of the defendants’ costs on an indemnity basis from the date the offer was made. The case emphasises the importance of assessing the risks of rejecting an offer of settlement and to take genuine steps to resolve disputes before a case proceeds to trial.
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Newsletter Sep-11
Written by MLB Lawyers & Associates
September Edition includes:
• Increase In Minimum Wage
• Pre-Litigation Requirement Repealed In Victoria
• Director's Liability To Pay Employee Superannuation Contributions
• Unsolicited Goods And Services
Newsletter Dec-11
Written by MLB Lawyers & Associates
December Edition includes:
• Christmas Message
• Directors' Liability For Company Warranties
• The Differences Between Contractors And Employees
• New Requirements For Goods And Services Warranties
Newsletter Mar-12
Written by MLB Lawyers & Associates
March Edition includes:
• New Work Health & Safety Laws
• Warning To All Employers Dismissing Employees On Sick Leave
• A Critical Reminder To Businesses Involved In Transport