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Negotiated settlements with regulators such as the ACCC and ASIC avoid the time, cost and uncertainty of protracted and complex litigation in civil penalty cases. However, if the approach in the recent Victorian case of ASIC v Ingleby  VSCA 49 is followed, it is unclear whether they will continue to be approved by the courts.
16 Apr 2013
A recent Federal Court decision upheld that performance management arising out of legitimate concerns and motivated by good management outcomes does not amount to adverse action.
04 Apr 2013
On 12 February 2013, the Hon Bill Shorten MP, Minister for Employment and Workplace Relations, announced that the Government would introduce a number of reforms to tackle what the Minister described as "the hidden scourge of the workplace".
01 Apr 2013
Foreign word marks can be inherently adapted to distinguish goods for the purposes of the Trade Marks Act 1995, even where the foreign language in question is one which is relatively common in Australia, as demonstrated by the recent Federal Court decision in Cantarella Bros Pty Limited v Modena Trading Pty Limited  FCA 8.
18 Mar 2013
In a move which is sure to create controversy among employers and business groups, Prime Minister Julia Gillard has announced that the Fair Work Act will be amended to include a new modern award objective which essentially enshrines an employee's right to be paid penalty rates into law.
14 Mar 2013