We are delighted to announce that Lachlan Vallance, Director & Principal Lawyer at HOCW, has been selected as a finalist in the esteemed Lawyers Weekly Partner of the Year Awards 2024, in the Wills and Estates category. Read More
This article offers a thorough exploration of workplace investigations, emphasising their critical importance and procedural intricacies for employers. It addresses the fundamental objectives of investigations, from uncovering misconduct to addressing systemic issues like bullying and harassment. Central to the discussion is the necessity for employers to navigate investigations with precision, considering factors such as conflict of interest and legal implications. Read More
The article covers two cross-border insolvency cases: one involving the liquidation of a cryptocurrency platform accused of fraud, and the other concerning an online reservation platform pursuing a claim against Trivago. These cases underscore the complexities of international insolvency in today's digital landscape. Read More
Navigating jurisdictional complexities between VCAT and courts is crucial. In a recent case like Plunkett v. Portier Pacific Pty Ltd [2024] VCAT 205, Justice Woodward highlighted the importance of discerning when a claim is better suited for a court. Factors like case complexity and resource discrepancies influenced the decision to transfer the case to the Supreme Court. This underscores the need for clarity in choosing the appropriate legal forum. Seeking expert guidance, like that offered by Matthew Hicks, ensures alignment between the dispute and the forum's capabilities, leading to more effective resolutions. Read More
In response to recent warnings from the ACCC, franchisors and franchisees are urged to review their standard form franchise agreements for compliance with Australian Consumer Law (ACL). These revelations highlight the urgent need for action, especially with penalties for unfair terms exceeding $50M since November 2023. Franchisors are cautioned against non-compliance, which not only risks legal action but also strains the franchising relationship. Read More
This article explores the implications of the Federal Government's new "right to disconnect" legislation, granting employees the ability to decline work-related communication outside of work hours. This change has ignited debate, with employer groups denouncing it as "ridiculous" while unions advocate for improved work-life balance. However, both sides lack practical guidance for businesses. Seeking legal advice, such as from the HOCW Employment team, can assist businesses in navigating this evolving landscape and fostering healthier workplaces. Read More