Is the Wayback Machine a legitimate source of legal evidence in Australia?

The admissibility of archived webpage printouts from the “Wayback Machine” website was recently tested by the Federal Court of Australia, providing a useful reminder for businesses to be diligent in keeping internal records of their websites to support their intellectual property rights, rather than relying on external archives. In Dyno Nobel Inc v Orica Explosives … Read more

Super Alert – 11 October 2019

This week’s Super Alert notes the Royal Assent of a superannuation Bill, APRA’s announcement of new executive appointments, ASIC’s reminder to AFS licensees to meet financial reporting obligations on time and a Parliamentary Committee’s scrutiny of the superannuation sector. Superannuation SG Bill receives Royal Assent On 2 October 2019, the Treasury Laws Amendment (2018 Superannuation … Read more

From Nazi parody to dismissal: The importance of robust investigation processes and workplace policies

Unfortunately, inappropriate and offensive behaviour in the workplace is not uncommon. However, can an employer proceed straight to dismissing an employee after learning of such behaviour? The Fair Work Commission (FWC), in Tracey v BP Refinery (Kwinana) Pty Ltd [2019] FWC 4113, has recently upheld the dismissal of a worker who helped create a Hitler parody … Read more

Breaches of the Australian Consumer Law attract a record breaking $26.5 million penalty

In 2018, the Competition and Consumer Act 2010 (Cth) was amended to align the maximum penalties for contraventions of the Australian Consumer Law with the maximum penalties for contraventions of competition law. The amendment increased the maximum penalty for a body corporate’s contravention from $1.1 million to the greater of the following: $10,000,000; Three times … Read more

Super Alert – 4 October 2019

This week’s Super Alert contains a number of developments including release of guidance on the Modern Slavery Act 2018 (Cth), the announcement of another retirement income system review and draft Superannuation (Unclaimed Money and Lost Members) Regulations 2019. Commonwealth Modern Slavery guidance for reporting entities On 26 September 2019, the Department of Home Affairs released … Read more