Business & Commercial Law

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Right to disconnect
Right to Disconnect - Employee's Right to Refuse Contact From Employer 17.10.24 Do you know that you can now refuse to take calls from your boss after work hours? The Fair Work Act 2009 now provides employees with a Right to Disconnect, and employees can apply to the Fair Work Commission to resolve any disputes of such nature. Click the below link to read more.

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Understanding Unfair Contract Terms 17.04.24 Signing contracts as a consumer or small business can be daunting due to their length and complexity, often filled with legal jargon. To address this, the Competition and Consumer Act 2010 introduced the unfair contract term regime, aiming to redress this imbalance and create a fairer environment for consumers and small businesses. In this article, our commercial law team will explore its application, recent changes, and impact on future contracts.

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Cosmetic Industry Crackdown 13.03.24 Over the last eighteen months, the cosmetic industry has experienced persistent disruptions, witnessing numerous revisions to the regulatory frameworks governing cosmetic injections and beauty practices. It is unsurprising that both clinics and practitioners find themselves confused, questioning the compliance of their advertising tactics with the stringent marketing regulations enforced by the Therapeutic Goods Administration (TGA). This article delves into the TGA's stance and offers insights on how to protect your practice from unintended scrutiny.

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Navigating Changes to Fixed-Term Employment Contract 13.03.24 The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 brings pivotal changes to fixed-term employment contracts. Key reforms include a cap on contract duration to two years, with only one possible extension or renewal, and introducing the Fixed Term Contract Information Statement for employees. These changes limit the consecutive use of fixed-term contracts for the same roles and introduce civil penalties for non-compliance, underscoring the legislation's commitment to ending precarious employment practices. Understanding these changes is crucial for employers and employees navigating this new legal landscape.

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Can Generative AI Replace Your Lawyer? 13.11.23 Artificial intelligence is fundamentally reshaping how we access information and work. The emergence of generative AI has pushed the boundaries of what technology can achieve raising important questions about the potential for artificial intelligence to replace human professionals, including lawyers. In this article, our commercial law team considers the question of whether generative AI can replace us.

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Widening The Net – Significant Changes To The Scope Of Unfair Contract Terms Under The ACL 20.07.23 New legislation coming into effect later this year will significantly expand the scope of unfair contract term provisions under the Australian Consumer Law (ACL). These changes, coupled with stronger enforcement measures, will profoundly impact consumers and businesses. This article delves into the current unfair contract term regime, upcoming changes, and their implications. In light of these developments, seeking legal advice and conducting contract reviews become crucial steps for businesses to mitigate the risks associated with the new unfair contract term provisions.

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Price Hikes v Legal Rights – The Lawfulness of Price Escalation Clauses 20.07.23 Price increases in "fixed fee contracts" have become common in today's market, especially in the building and construction sector, where the cost of materials is ever rising, and labour shortages plague the industry. In the recent case of Perera v Bold Properties (QLD) Pty Ltd [2023] QDC 99, the court considered the enforceability and lawfulness of a price escalation clause contained within a Queensland building contract, with the court ruling that the clause in question was void and unenforceable. In this article, our commercial law team explores the background and implications of this case and the key takeaways for consumers and builders.

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In The Red: Decoding Australia's Sudden Surge In Corporate Insolvencies 14.07.23 With the number of insolvencies reaching unprecedented all-time highs, now is the time to assess your business’s financial position. This article guides you through the current economic climate of corporate Australia and what you can do to safeguard your business’s future.

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Ground-Hog Day? The Next Global Financial Crisis 05.05.23 The recent collapse of major banks like Silicon Valley Bank, Signature Bank, and Credit Suisse has created a crisis in the global banking sector. This situation has far-reaching implications for the financial system, causing investors to brace for share market turmoil and international fallout. Despite policymakers' reassurances, ambiguity and uncertainty remain, calling into question tighter banking restrictions implemented after the 2008 Global Financial Crisis. The Council of Financial Regulators in Australia has advised that the Australian banking sector is well-capitalized, but experts predict a weaker opening in the Australian share market. Businesses may need to consider insolvency options, and Ramsden Lawyers can provide expert legal advice to navigate these complex processes.

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The Payment Puzzle – A Guide To Instalment Contracts 19.04.23 Is your contract subject to payment of instalments or a sizable deposit? You may have just entered into an ‘instalment contract’. In this article our commercial law team explores what an instalment contract is, what to look out for and the impacts that this type of contract can have on both buyers and sellers.

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Selling Your Home In A Falling Market - Tips For Property Owners 14.04.23 With property prices declining due to interest rate hikes, commercial property owners must exercise caution when selling their properties. The Commercial team at Ramsden Lawyers provides valuable insights on what sellers should be aware of to prepare for prospective sale contracts and safeguard their interests during negotiations.

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Testamentary Trusts – Benefits and Pitfalls 12.04.23 Testamentary trusts offer substantial benefits and savings for those looking to best provide for their loved ones once they are gone. To learn more about this type of structure and whether it suits you, continue reading.

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