Author: Francois Malan

7 July 2020

Checking The Facts Before You Write A Review

After a six year battle of defending her opinion, Carrie Curtis, formerly known as Carrie Barlow, has been ordered by the District Court of Queensland (Asbog Veterinary Services Pty Ltd & Anor v Barlow [2020] QDC 112) to pay damages for defamation in excess of $35,000.00, and could be up for more. Throughout October 2014, […]

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11 May 2020

Are your employees safe at home during the COVID-19 pandemic?

For the past few months the world has been shaken by the COVID-19 (coronavirus) pandemic, and businesses/employers were forced to ask employees to work from home by government laws/regulations (both State and Federal). For some employers this is new territory, and the implications can be burdensome if not previously identified and addressed appropriately. Although inconvenient, […]

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5 May 2020

Internet giant Google to pay $40,000 in damages

In the past few years, the success rate of high-profile celebrities and public figures for defamation has popularised the cause of action within the broader community. Australia has effectively become the defamation capital of the world, with over 520 references recorded in 2019, not including those matters that do not reach the Courts. On 30 […]

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12 February 2020

Restaurant Employees – Are you being served the wrong wage?

Over the past few years the restaurant industry has been shaken by the revelations of underpaid staff by high-end restaurants such as Dinner by Heston and those belonging to George Calombaris’s empire. In 2019, George Calombaris’s MAdE Establishment back paid $7.8 million in wages and superannuation after underpaying 500 current and former employees, whilst more […]

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3 December 2019

Costly false accusations – Wagner & Ors v Nine Network Australia & Ors

(📸 By Timothy – Flickr: Lake Annand 2, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=12650243) On 6 September 2019 in the Supreme Court of Queensland, under the direction of Justice Applegarth, a jury found that Nine Network Australia & Ors (“Nine”) defamed Toowoomba’s Wagner brothers in a 60 Minutes report on 24 May 2015 about the Grantham floods […]

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21 November 2019

Commercial Disputes – Arbitration, Mediation or Litigation?

What are your options should you find yourself in a dispute with: your landlord or body corporate over the conditions of your office suite or real property; or a customer or contractor about the meaning and implications of ambiguous terms in a contract; or a business partner over distribution efforts and rewards; or a former […]

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8 October 2019

How good is your word – Sebastian v Day

Most people know that contracts can be anything from a formal written agreement to a verbal promise, or a combination of both. They may also be familiar with the phrase “you are only as good as your word”. People often make handshake-deals with close friends or family due to the trust fostered within those relationships […]

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1 October 2019

Genuine Redundancy – A reminder to consult

In the midst of economic downturns or poor financial performance, employers are often faced with the difficult decision to restructure their business, or streamline/automate some of their processes to remain competitive. Sometimes employers are left with no other option but to make some of their hard-working employees redundant. However, employers should be wary of their […]

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3 September 2019

Which state or jurisdiction governs Long Service Leave?

In most states or territories, if you have been working for an employer for more than 7 years of continuous service you are entitled to Long Service Leave (LSL) paid pro-rata, or full pay after 10 years of continuous service. Entitlements to LSL derives from the relevant laws of each state or territory under the […]

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18 June 2019

Defamation and Bodies Corporate – Can I sue for disclosure of my lot’s financial position?

Is your lot in arrears and therefore “un-financial” at the time of a general meeting, and did your body corporate manager disclose this information to other members? If you believe your body corporate manager has defamed you by disclosing your lot’s financial position during a general meeting, there are a few factors to take into […]

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