Judicial guidance for payment of annual leave loading on termination

Judicial guidance for payment of annual leave loading on termination

The genesis of annual leave loading can be traced back to the 1970’s when metal workers won a claim for its inclusion in their award. It was sold on the logic that workers would not get their normal pay, which included shift and weekend penalties, while on annual leave.

Protecting your business – the importance of trade mark protection in China

Protecting your business – the importance of trade mark protection in China

Many businesses are aware of the benefits of trade mark registration in Australia, but for those that manufacture or sell goods overseas, consideration must also be given to whether their trade marks are protected in the international market. 

Vocational training or unpaid worker? The uncertain future of unpaid internships

Vocational training or unpaid worker? The uncertain future of unpaid internships

Nick: “You got us a job at Google?” Billy: “Well, not a job job. It’s an interview for an internship that could lead to a job. Nick, this might be the last chance that we’ve got.”

The recently released Hollywood flick, The Internship, portrays a playful spin on life as an intern at Google, with its characters competing for a permanent role at the dreamy tech-giant.  However, the unpaid – learn on the job – internship (better known as ‘work experience’ in Australia) is facing increasing scrutiny from government and has also provoked popular media commentary on the lack of worker rights in these roles.            

 

Employee Share Scheme announcement

Employee Share Scheme announcement

On 12 June 2013, the Government released Advancing Australia as a Digital Economy: Update to the National Digital Economy Strategy and announced a review of the regulatory environment for innovative information, communication and technology start-up companies (ICT companies).

 

Copyright in Photographs – the perils of unauthorised use

Copyright in Photographs – the perils of unauthorised use

Consider the branding that your business or organisation uses and the photographs and images it employs on packaging and products, on its website and in brochures and advertising materials.

Do you own these images or have a licence to use them? A recent Federal Court case highlights how easily the copyright subsisting in such photographs can be overlooked.

 

FCT v Greenhatch - CGT Streaming Appeal

FCT v Greenhatch - CGT Streaming Appeal

On 10 May 2013, the High Court of Australia refused the taxpayer special leave to appeal FCT v Greenhatch [2012] FCAFC 84; [2011] AATA 479.

Accordingly, prior to 1 July 2010 and the amendments made by TLAM No 5 2011, differential streaming of capital gains between trust beneficiaries was ineffective. The beneficiaries of any trust that has differently streamed capital gains will have an exposure to audit activity, amended assessments and penalties.

Off the plan sales and amendments to the plan of subdivision

Off the plan sales and amendments to the plan of subdivision

On 3 May 2013, the Supreme Court of Victoria handed down its decision in Lockwood v PSP Investments Pty Ltd [2013] VSC 10 (Lockwood).

This decision considers a critical issue in off the plan developments – what amendments can be made to a proposed plan of subdivision between the time that a contract is entered into and registration of the plan of subdivision, without giving a purchaser a right to terminate their contract?