CREDITOR’S STATUTORY DEMANDS: 21 DAYS IS 21 DAYS, REGARDLESS OF CHRISTMAS & NEW YEARS PERIOD!

Written by rouse_admin on March 21, 2017

The Supreme Court of Queensland has reaffirmed the law that a debtor only has 21 days to file and serve an application to set aside a creditor’s statutory demand, regardless of whether the Christmas/New Year period that falls within the 21 days.

Earlier this month, the Supreme Court handed down its decision1 in an application by J&K Homes Pty Ltd, who had been served with a creditor’s statutory demand by the creditor, Evans Lawyers

The creditor’s statutory demand was served on the

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Upcoming changes to NSW retail leasing laws

Written by rouse_admin on March 14, 2017

The NSW Parliament recently passed the Retail Leases Amendment (Review) Bill 2016 (“the Bill”) which has achieved royal assent and is expected to commence shortly. The Bill introduces reforms to the Retail Leases Act 1994 (“the Act”) that governs NSW retail shop leases.

Some of the ways which landlords and tenants will be impacted include:

Minimum term

The requirement for a minimum lease term of 5 years will be removed.

Registration

Leases with a term of more than 3 years will need to be registered.

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Metadata Retention – What you need to know.

Written by rouse_admin on February 28, 2017

The Full Federal Court confirms that metadata is not all linked in its decision in the case of the Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC4.

The History

In June 2013, a Telstra customer, Mr Grubb, made a request to Telstra for ‘all the metadata information Telstra has stored about my mobile phone service’.

In accordance with the Privacy Act 1988 (Cth), a person has the right to request access to personal information held by an organisation that is bound by the

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Superannuation Reform 2016 – Planning Pointers

Written by rouse_admin on February 21, 2017

The superannuation reform announced in the 2016 Federal Budget have largely been implemented.

Many of the changes simply adopt the government announcement.

However, there are some changes that are not so obvious which require strategic planning action, and provide opportunities to add value. Our take on these less obvious changes as set out below.

Excess Transfer Balances

There is a general misconception that where a member’s balance exceeds the transfer balance cap ($1.6 million), there is a requirement to reduce the balance prior to

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Searching made easier with IP Australia’s new trade mark search engine

Written by rouse_admin on February 15, 2017

IP Australia, the government agency responsible to administer intellectual property rights and legislation in Australia has released their new search engine for trade marks.

If you are familiar with their previous search engine (ATMOSS), you are in for a treat.  The new interface is simpler, more user-friendly and is teeming with new features to help make searches quicker and easier.

What is new?

The layout

The new Quick Search features (in the “I am interested in …” section) now offer helpful tips and descriptions,

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Superannuation Reform 2016- A Roadmap to guide you through the maze

Written by rouse_admin on February 14, 2017

The 2016 Federal Budget proposed the most significant reform to superannuation since 2007.

Much of the legislation for the implementation of that reform has been implemented with the passing of the Treasury Laws Amendment (Fair and Sustainable Superannuation) Act 2016.

Many of the changes included in the legislation will be obvious: pension exemption limit of $1.6 million, changes in contribution caps, removal of anti-detriment deductions, changes in thresholds, etc.

However, some of the changes included are not so obvious which provide traps for

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Don’t get Grill’d over your traineeship agreements

Written by rouse_admin on February 7, 2017

Don’t get Grill’d over your traineeship agreements

Grill’d, the popular fast food burger chain was recently in the media over allegations by the Young Worker’s Centre (YWC) of Victoria that Grill’d is prolonging it’s traineeships as a way to reduce their employees’ hourly wage.

YWC made the allegation on behalf of a current Grill’d employee.

Following the allegations, the founder of Grill’d, Simon Crowe, released a statement (that can be found on their website) standing behind the company’s practices.

What is a traineeship?

A traineeship

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Social Media Policy For Employees- Why You May Still Be Vulnerable

Written by rouse_admin on February 6, 2017

Social Media Policy For Employees-  Why You May Still Be Vulnerable

Social media is embedded in our society as a means of engaging and interacting with others in a professional and personal capacity. There are many social media sites with large numbers of users (including Facebook, Instagram, Twitter, Snapchat, LinkedIn, Youtube, Google+, Whatsapp, Tumblr and Pinterest – to name a few) and the list is growing.

All business’ should consider implementing a social media policy as part of the business’ human resource

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Online Traders And Australian Consumer Law With Rouse Lawyers

Written by rouse_admin on January 17, 2017

Australian Consumer Law: Valve Gets Steamed By ACCC In ‘No Refunds’ Case

The Federal Court of Australia has handed an A$3million fine to Valve Corporation for breaches of the Australian Consumer Law (ACL).

Valve operates Steam, which is a popular platform for online distribution of computer games. The case involved the issue of consumer rights when it comes to obtaining refunds for ‘faulty’ software purchased on the platform.

Breaches of the Australian Consumer Law

Customers are required to accept a Steam Subscriber Agreement to use

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Family transfers & primary production – New duty concessions

Written by rouse_admin on November 29, 2016

Intergenerational Transfers Affected by Changes to the Duties Act 2001 (Qld)

New transfer duty concessions will now be available for transferees, particularly in relation to intergenerational transfers of prescribed and primary production businesses, pursuant to the Queensland Government’s welcomed changes to the Duties Act 2001 (Qld) .

How does this affect eligibility?

Transfer duty concessions are now available for primary production businesses or prescribed businesses. A primary production business is a business of agriculture, pasturage or dairy farming. A prescribed business solely involves

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