Claiming Privilege: So You Don’t Have To Tell All!

The right to claim ‘Privilege’ provides protection from having to make disclosures, answer questions or provide documents. It can be lost if conduct occurs that is contradictory to the maintenance of the confidentiality of the information over which privilege is claimed.

In today’s business environment, franchise systems and franchisees can potentially face the prospect of regulatory action against them by the Australian Competition and Consumer Commissioner, the Fair Work Ombudsman, the Australian Taxation Office, and where companies are involved, the Australian Securities and Investment Commission. The ability to keep matters confidential and avoid being compelled to provide information, answer questions or make statements can be a critical tool in defending prosecutions that may be commenced.

This article reviews different types of privilege and how this can be used or lost.

Getting It Wrong When Contracting

The Courts are kept busy with cases where the parties have failed to satisfy the basic elements of a contract, leading to unhappy outcomes. This article provides examples where the parties have not got it right and highlights the need for seeking professional assistance whenever there is uncertainty.

8 January – Divorce Day?

8 January is reported as “Divorce Day” with a spike in the number of people seeking assistance from lawyers and family support services following the holiday period and commencing divorce proceedings.

Casuals Now Entitled To Overtime

On 12 December 2017, the Fair Work Commission (FWC) varied a number of modern awards to include overtime rates for casual employees.