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Tony Oakley announces his retirement
28 June 2021
Tony Oakley has informed us of his retirement as a practitioner and also as a notary public. This will take place on 30 June. Our team will attest to the guidance that Tony has given to all of us, built from his many years in practice. I have known Tony for many years. He and my father John Hicks formed Hicks & Oakley which formally came about in 1983, at Blackburn Road, Syndal. They had worked together for some years prior to that. His calm manner, detailed knowledge of business structures and commercial law, together with his dry wit, have been obvious to us all. Read More
Remote signing and witnessing of estate planning documents
25 June 2021
Unpleasant as they may be, any future coronavirus-related lockdowns should not hinder the execution of important estate planning documents thanks to recently introduced laws that permanently allow the remote witnessing and signing of Wills and Enduring Powers of Attorney. The new laws, which aim to modernise the way Wills and Enduring Powers of Attorney are executed, allow those documents to be signed and witnessed via audio visual link rather than in person. Read More
The Corner Hotel versus the Jazz Corner Hotel - Trade Marks
19 April 2021
The Corner Hotel in Richmond is a well known Melbourne licensed live music venue. The operators of the venue took legal action against The Jazz Corner Hotel which operates in William Street, Melbourne. Bird's Basement is a music venue which operates in the basement of The Jazz Corner Hotel building. In a recent Federal Court decision (Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No. 2) [2021] FCA 328 (9 April 2021)) Justice O'Bryan decided that various trade marks used by The Jazz Corner Hotel were not deceptively similar to the trade marks used by The Corner Hotel. Accordingly, he dismissed the claim by the Applicant. Read More
"But I want to keep working from home!" – returning to the office after COVID-19
18 March 2021
A common query at the moment is whether employers can insist employees return to the office after an extended period of working from home, due to COVID-19 restrictions. Many employees (especially office workers) have established their ability to work quite productively from home and are now putting it to their employers that they should be able to continue to work from home. Undoubtedly, there have been many benefits to employees in working from home, and having become accustomed to those benefits, employees may be reluctant to come back in. Read More
Sexual harassment policies, procedures and investigations – a guide for employers
17 March 2021
Unfortunately, workplace sexual harassment is again in the spotlight. As a result, many employers may be wondering whether their sexual harassment policies, systems and procedures are up to standard. Employers that do not maintain up-to-date policies, fail to provide the appropriate training and support, and bungle the management of complaints, risk not complying with their duty to provide a safe workplace for their employees. The effects of sexual harassment can be devastating on individuals and these effects can be exacerbated by a sub-standard, poorly handled or unnecessarily drawn out investigation following a complaint. Read More
Owners Corporation Act changes – additional protections for lot owners
16 March 2021
The Owners Corporations and Other Acts Amendment Act 2021 (the Act) was passed last month. The Act amends the Owners Corporations Act 2006, Retirement Villages Act 1987 and part 5 of the Subdivision Act 1998. The Act will come into operation by default on 1 December 2021, if not proclaimed earlier. In essence, the Act not only includes additional protections for lot owners but imposes more stringent obligations and restrictions on owners corporation managers and developers. Ultimately, the amendments seek to give additional protections to owners corporations and lot owners. Read More

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