Our legal experts will keep you up to date on all relevant and current developments.

Work Health and Safety Duties and Dealing with Bullying in the Workplace by Non-workers

It is common for businesses (particularly those in the service industries) to experience bullying and harassment when interacting and dealing with complaints from customers and other non-employee workplace participants in the business. 

This can cause stress and anxiety for staff in the work environment.

These issues have come to the forefront as businesses continue to respond to the COVID-19 pandemic by implementing their own policies and procedures for ensuring a safe place of work - and also by ensuring that public health orders are complied with.

Deliveroo is not an Employer: Decision of Full Bench of the Fair Work Commission in Deliveroo Australia Pty Ltd v Franco [2022] FWCFB 156

In a Full Bench of the Fair Work Commission, the Vice and Deputy Presidents applied recent decisions of the High Court to determine that a Deliveroo delivery worker, Mr Franco, was not an employee and was an independent contractor.  The matter in question is Deliveroo Australia Pty Ltd v Franco [2022] FWCFB 156.

The full bench, when applying the rationale in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations & Anor v Jamsek & Ors [2022] HCA 2, found that on a strict interpretation of the terms of the agreement to carry out work, Mr Franco was a contractor and not an employee.

The full bench did say that had they applied the multifactorial test which applied before Jamsek, it would have concluded that Mr Franco was an employee.

Restraints of Trade Within Franchise Agreements – Clause 23 of the Franchising Code of Conduct

Franchise agreements often contain restraints of trade. The restraints typically apply for a period of time after the franchise ends, and may restrict franchisees from competing with the network or conducting a similar business within a particular geographical area.

Whilst these restraints can be legitimate and important protections for the franchise network, they can also be a major hinderance for franchisees looking to move onto their next venture.

Clause 23 of the Franchising Code of Conduct can be a way for franchisees to avoid the operation of these restraint clauses. However, it has quite a narrow application - and there numerous proactive steps that franchisees must take to obtain the benefit of the exception.

The Legalisation of Voluntary Assisted Dying in New South Wales – An Overview

On 19 May 2022, the NSW Parliament passed the Voluntary Assisted Dying Act 2022 which will allow eligible persons access to voluntary assisted dying services from 28 November 2023.  This will effectively give those persons control over the timing of their death.

The Act has been designed to prioritise personal autonomy, and to provide those in the end stages of life with greater levels of support and medical attention (including palliative care) for the purpose of minimising suffering.

Under the Act, voluntary assisted dying is not considered suicide, or an attempt by a person to cause serious physical harm upon him or herself for the purpose of the Mental Health Act 2007.

Parkes v Mt Owen Pty Ltd & Anor [2022] NSWSC 909 – Is a Host Employer Vicariously Liable for the Negligence of a Labour Hire Employee Causing Injury to Another Labour Hire Employee?

This article highlights the 7 July 2022 decision of the Supreme Court of NSW in Parkes v Mt Owen Pty Ltd & Anor [2022] NSWSC 909, which affirms the principle that vicarious liability is not dependent on contractual arrangements, but rather on a question of fact.

Credit and innovation: What we have learned working with credit professionals over the years

A nerd, a lawyer and marketer go for coffee… sounds like the intro to a bad joke (and maybe it is) – but recently, Holman Webb’s Marketing and Business Development Manager sat down with the firm’s Head of Innovation and Growth, Steve Ferhad and Chris Hadley MICM – Partner within the firm’s Commercial Recovery and Insolvency Group, for a discussion on how converging technologies are set to impact the credit profession.

Case Note: Dhupar v Lee [2022] NSWCA 15 – Section 71 does not preclude an award for damages for phychiatric injury arising from childbirth

This article discusses the 18 February 2022 decision in Dhupar v Lee [2022] NSWCA 15, which illustrates that damages are available for economic loss arising from an injury suffered by a mother as the result of giving birth.

The importance of Terms and Conditions in commercial credit contracts

Contracts do not need to be complicated or convoluted, but they do need the right Terms and Conditions in place to ensure your business is properly protected. A robust set of Terms and Conditions can eliminate loopholes and put your business in the best possible position to recoup monies owed.

Having appropriately worded Terms and Conditions can mean the difference between a successful recovery and a write-off.  

This article outlines theTerms and Conditions that trade credit suppliers should consider within the context of a Commercial Credit Agreement.

What options are available if you are looking to exit a franchise?

In life, and especially within the context of commercial arrangements, circumstances can arise where despite the best intentions and efforts of all stakeholders, things don’t work out. It can be nobody’s or everybody’s fault.

Franchise relationships are no exception, as was highly publicised in the inquiry into the operation and effectiveness of the Franchising Code of Conduct, which concluded in 2019.

This guide sets out, in brief terms, the options available for those looking to exit a franchise.

The guide assumes that there has been no breach of the franchise agreement by either party, as this will involve different considerations and processes.

Businesses can be held liable for copyright infringement committed by a third party developer: Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112

This article discusses the 7 July 2022 majority decision of the Full Federal Court in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112

This decision highlights that businesses can be held liable for copyright infringement committed by a third party developer, but that the risk can be mitigated by checking the developer’s history and insisting on appropriate warranties in the development agreement.

Recent Posts

1 2 3 4


6 7 8 9 10