Avoiding a Common Payroll Error: Making Termination Payments by the Last Day of Employment
When it comes to termination payments, most employers work on the basis that they can pay an employee within seven days of termination or in the next pay run. However, there’s increasing awareness that this approach isn’t correct. In fact, most of the common termination payments need to be made by the last day of […]
Why trade mark registration isn’t enough: The importance of trade mark watching
Protecting your brand by registering your trade marks is a great first step, but it’s a common misconception that it’s all you need to do. To truly safeguard your brand, you’ll want to take things a step further by implementing trade mark watching. The risks of not watching your trade mark Without trade mark […]
Navigating Risk: Mitigation and Indemnity Clauses in Contracts
Contracts can be complex, especially when it comes to managing risks and liabilities. Two key concepts that often come into play are mitigation and indemnity clauses, which are designed to address how losses are handled. Understanding how obligations to mitigate work with indemnity clauses can help protect you from unnecessary exposure. But what are the […]
The World’s First AI Rulebook: The EU AI Act and the Impact on Australia and New Zealand
The EU AI Act came into force on 1 August 2024. Setting out the world’s first comprehensive AI regulation, the EU AI Act takes a risk-based approach to regulating the entire AI lifecycle and establishes obligations for various operators in the AI value chain. This article provides a high level summary of the EU AI […]
Navigating the Trade Mark Squatting Minefield in China
Expanding your business into China is exciting, but it’s not without its challenges – especially when it comes to protecting your brand. One of the biggest risks is trade mark squatting, where opportunists register trade marks to profit off established brands. Let’s explore how this happens and what you can do to protect your business. […]
Are You Overseeing Your Authorised Representatives Effectively? Ensure Compliance and Protect your Business
Do you have sufficient oversight of your authorised representatives? We often see a lack of adequate oversight from licensees over their appointed authorised representatives, who act on behalf of the licensee. As a financial services licensee, you have general obligations that include: Taking reasonable steps to ensure that your representatives comply with the financial services […]
Stay ahead of ASIC reporting: Ensure your IDR data compliance
Are you a licensee required to report complaints to ASIC? The next submission window closes on 31 August 2024, so it’s time to ensure your reporting is in order. All Australian Financial Services Licensees (AFSLs) who are authorised to provide services to retail clients, as well as all credit licensees, are required to report their […]
Understanding Fit for Purpose Obligations in Contracts
What is Fit for Purpose? “Fit for purpose” is a phrase you’ll often come across in contracts. It’s all about setting a clear expectation for the quality of goods and services. Essentially, it means that what’s provided must serve the purpose it was intended for. This doesn’t necessarily mean the goods must be of the […]
From Contractor to Employee: Understanding the New Employment Definition in Closing Loopholes No. 2
In Closing Loopholes No. 2 the government introduced a new definition of employment that will change the way we determine whether someone is an independent contractor or employee. The new provisions will make it harder to engage people as independent contractors and increase the risk that they may later be deemed to be an employee. […]
Navigating the new casual conversion process: Key changes ahead
The Closing Loopholes No. 2 legislation will change the statutory process by which casual employees can be converted to full-time or part-time employment. Currently, after a casual employee has been employed for 12 months, employers are required to assess whether the employee should be converted to full-time or part-time employment. They must either make an […]