July 2015

  • 29 July, 2015

    Retail Shop Leases & Turnover Rent

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    The rent payable on the lease of a retail shop varies greatly depending on the location and size of the retail shop, the length of the term of the lease and the type of business that is conducted from the retail shop. However, there are a number of methods that can be used to determine the amount of rent payable on a retail shop, including the turnover rent method.

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  • 22 July, 2015

    Restraint of Trade Clauses – Protecting Your Business’ Goodwill

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    Recently, in Auto Parts Group Pty Ltd v Cooper & Ors [2015] QSC 155, the applicant-employer was successful in restraining two of its former employees from taking up employment with a competing business. Despite the facts of this matter being quite straightforward, the Court shed some light on when a restraint clause in employment contracts will be deemed to be reasonable.

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  • 15 July, 2015

    Wage Complaints from Employees – What Not to Do

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    Recently, the Fair Work Ombudsman (FWO) conducted an investigation with respect to an alleged breach of a workplace right. As mentioned in our previous blogs, the Fair Work Act 2009 (Cth) (the Act) provides generalprotections for employees against an adverse action being taken by their employer due to the employee exercising a workplace right. This effectively prohibits an employer terminating an employee’s employment or treating them differently because they, for example, complained about their wages.

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  • 9 July, 2015

    Costs in Fair Work Commission Matters

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    The General Rule – Each party bears its own costs with respect to matters brought before the Fair Work Commission (the FWC) pursuant to the Fair Work Act 2009 (Cth) (the Act).

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  • 8 July, 2015

    Can You Be Legally Represented in Fair Work Commission Matters?

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    The answer, like most things in law, is that “it depends on the prevailing circumstances”. The Fair Work Commission (the FWC) offers an informal platform for employment disputes to be heard and the provisions of theFair Work Act 2009 (Cth) (the Act) aim to maintain this informality by requiring the parties to be self-represented.

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  • 2 July, 2015

    Are You Already Bound by Your ‘Subject to Contract’ Agreement?

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    In Stellard Pty Ltd & Anor v North Queensland Fuel Pty Ltd [2015] QSC 119, the Court found that a chain of email correspondence between the parties constituted a legally binding contract for the purchase of a service station, despite both parties confirming that the sale was subject to execution of the contract.

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