Articles From Lawyers.com.au feeds from lawyers.com.au http://lawyers.com.au/rss/ en-au OMG http://lawyers.com.au/rss/ http://lawyers.com.au/static/campfire/layouts/images/omg-logo-small.png Employment Law - What are your Rights as an Employee? http://www.lawyers.com.au/legal-articles/employment-law-employee-rights/ Thu, 17 May 2012 00:00:00 EST Employment Law - What are your Rights as an Employee? Unless you’re one of the world’s richest, you’re most probably working for a living as an employee. And as an employee, you should know that the government granted you rights in the form of laws. To give you a better idea, here are some of the rights that you are entitled to as an employee: Pay All employees receive an amount that is defined by their legal agreements. Most of the time, employer ... Unless you’re one of the world’s richest, you’re most probab ... Privacy Laws: Australia http://www.lawyers.com.au/legal-articles/privacy-laws-australia/ Thu, 17 May 2012 00:00:00 EST Privacy Laws: Australia Did you know that Australia has no legal definition for privacy? When the Australian Law Reform Commission (ALRC) reviewed Australian privacy law back in 2007, it determined that there was "no precise decision of universal application" of privacy. Because of this, the ALRC looked into the use of the term "privacy". Here’s what they concluded regarding the Did you know that Australia has no legal definition for privacy? When the Aust ... Sympathy for the devil http://www.lawyers.com.au/legal-articles/2011/4/1/sympathy-for-the-devil/ Fri, 01 Apr 2011 00:00:00 EST news The Lincoln Lawyer brings to life the perfect villain, writes Jenny Cooney Carrillo. Ryan Phillippe plays his first real villain in the gripping thriller The Lincoln Lawyer but the 36-year-old ex-husband of Reese Witherspoon has struggled with that label in his own life, after tabloids claimed he was the culprit who ended that marriage in 2007 when he got involved with his Stop-Loss co-star, Aussie actress Abbie Cornish."At some point I was branded as a certain kind of guy that I know I'm n ... The Lincoln Lawyer brings to life the perfect villain, writes Jenny Cooney Carrillo. Film http://www.lawyers.com.au/legal-articles/2011/4/1/film/ Fri, 01 Apr 2011 00:00:00 EST news A HEARTBEAT AWAY PGRating: 3/5Director Gale EdwardsStars Sebastian Gregory, Isabel LucasA rock'n'roller is thrown together with a brass band in the hope that the resulting discord will generate fun and a feel-good finale. We're in a Queensland town, where a firm of developers wants to take over the municipal band's headquarters and rip it down to make way for its resort. Contrived. — Sandra HallHoyts Cinemas Paris, Hoyts Broadway and suburbs, Avoca BeachTHE ADJUS ... A HEARTBEAT AWAY PG Lost appeal no laughing matter http://www.lawyers.com.au/legal-articles/2011/4/1/lost-appeal-no-laughing-matter/ Fri, 01 Apr 2011 00:00:00 EST news THE rock band Men at Work and record label EMI will, after all, have to hand over 5 per cent of royalties earned on the 1980s hit Down Under since 2002 after losing an appeal to the full bench of the Federal Court yesterday. The songwriter Colin Hay and his publisher, EMI, had argued that a February 2010 ruling that Down Under had taken a substantial part of the folk song Kookaburra Sits in the Old Gum Tree was wrong and that there had been no breach of copyright. Lawyers for Hay and EMI listed ... THE rock band Men at Work and record label EMI will, after all, have to hand over 5 per cent of royalties earned on the 1980s hit Down Under since 2002 after losing an appeal to the full bench of the Federal Court yesterday. The songwriter Colin Hay and his publisher, EMI, had argued that a February 2010 ruling that Down Under had taken a substantial part of the folk song Kookaburra Sits in the Old Gum Tree was wrong and that there had been no breach of copyright. Lawyers for Hay and EMI listed 14 grounds for the appeal, including that the resemblance between the two songs went unnoticed by the general public and Larrikin Music, which holds the copyright for Kookaburra, for more than 20 years until it was pointed out on the TV show Spicks and Specks. But the appeal judges ruled "the aural resemblance need not be resounding or obvious" and reaffirmed that Down Under did reproduce a substantial part of Marion Sinclair's 1934 Girl Guides' campfire ditty. The judges also confirmed that two 30-second Qantas advertisements containing "a languid orchestral version" of Down Under only contained the second bar of Kookaburra and did not breach Larrikin's copyright. EMI was ordered to pay Larrikin's costs. Yang release heads off problem for Gillard visit http://www.lawyers.com.au/legal-articles/2011/4/1/yang-release-heads-off-problem-for-gillard-visit/ Fri, 01 Apr 2011 00:00:00 EST news CHINA'S release of the Australian writer Yang Hengjun has averted a diplomatic crisis before Julia Gillard's first visit to China late this month.The diplomatic challenges had been further complicated yesterday morning when the Prime Minister publicly but apparently inadvertently endorsed the story that Dr Yang had not been detained."I am now advised he is in hospital [and] he's in contact with his family," she told reporters. "We're pleased that we now know where he is."Rela ... CHINA'S release of the Australian writer Yang Hengjun has averted a diplomatic crisis before Julia Gillard's first visit to China late this month. 20-year ban, but man kept on driving: court http://www.lawyers.com.au/legal-articles/2011/3/31/20year-ban-but-man-kept-on-driving-court/ Thu, 31 Mar 2011 00:00:00 EST news DANIEL James Thompson had been banned from driving for 20 years but ambitiously described his occupation as a truck driver when asked by police.Thompson was allegedly pulled over about 10pm on Tuesday driving a Kenworth prime mover with two coal-laden trailers on Springhill Rd, Mt St Thomas.Police stopped him over an alleged minor speeding offence but discovered he had been banned from driving in NSW until June 2022.Disqualified from holding a licence in 2002, he had managed to rack up 10 separa ... DANIEL James Thompson had been banned from driving for 20 years but ambitiously described his occupation as a truck driver when asked by police. Rio's tilt for Riversdale falls short http://www.lawyers.com.au/legal-articles/2011/3/30/rios-tilt-for-riversdale-falls-short/ Wed, 30 Mar 2011 00:00:00 EST news RIO TINTO'S hopes that a partial acceptance by the Brazilian steelmaker CSN of its $3.9 billion takeover bid for Riversdale Mining would deliver it control of the Mozambique coal developer have been dashed, for the time being at least.Rio's $16.50 a share bid for Riversdale - on it reaching a minimum 50 per cent acceptance condition - pulled up short at 41.04 per cent by the original Monday night deadline for the offer.Hopes that Rio could still get to 50 per cent with the help of CSN - a 19.9 p ... RIO TINTO'S hopes that a partial acceptance by the Brazilian steelmaker CSN of its $3.9 billion takeover bid for Riversdale Mining would deliver it control of the Mozambique coal developer have been dashed, for the time being at least. Ethnic voting trends prove powerful force behind political swings http://www.lawyers.com.au/legal-articles/2011/3/29/ethnic-voting-trends-prove-powerful-force-behind-political-swings/ Tue, 29 Mar 2011 00:00:00 EST news A SECOND great migration is under way for many of Sydney's ethnic groups - not from place to place but from party to party.A preliminary analysis of election results by experts finds several major communities, especially the Chinese, moved en bloc from Labor to Liberal in key seats.This cost Labor several seats, particularly Strathfield and Rockdale, and took Labor to the brink of defeat in Kogarah. But the Chinese vote may have saved Labor in Marrickville.The decision by the Lebanese Muslim Ass ... A SECOND great migration is under way for many of Sydney's ethnic groups - not from place to place but from party to party. Centro US sale under fire http://www.lawyers.com.au/legal-articles/2011/3/29/centro-us-sale-under-fire/ Tue, 29 Mar 2011 00:00:00 EST news A CAMPAIGN by a group of shareholders that own more than 11 per cent of Centro Properties Group to force Centro to put the planned $US9.4 billion sale of US shopping centres to a shareholder vote is poised to escalate. A key member of the self-styled Centro Shareholders Association is threatening legal action to force Centro to hand over information about the deal, and the financing arrangements on the US properties.If the action is successful, the shareholder group will consider whether it has ... A CAMPAIGN by a group of shareholders that own more than 11 per cent of Centro Properties Group to force Centro to put the planned $US9.4 billion sale of US shopping centres to a shareholder vote is poised to escalate. A key member of the self-styled Centro Shareholders Association is threatening legal action to force Centro to hand over information about the deal, and the financing arrangements on the US properties. Cap on population in cities could slash the value of houses http://www.lawyers.com.au/legal-articles/2011/3/29/cap-on-population-in-cities-could-slash-the-value-of-houses/ Tue, 29 Mar 2011 00:00:00 EST news SYDNEY real estate prices would fall more than 18 per cent over the next decade if the federal government adopted policies that cap population growth in the biggest capital cities, according to a new report.In a submission to the government's sustainable population strategy, property developers represented by Urban Taskforce Australia have produced modelling which shows the impact on property prices and employment levels of capping the population at current levels.The developer's submission refl ... SYDNEY real estate prices would fall more than 18 per cent over the next decade if the federal government adopted policies that cap population growth in the biggest capital cities, according to a new report. Hearing warning http://www.lawyers.com.au/legal-articles/2011/3/29/hearing-warning/ Tue, 29 Mar 2011 00:00:00 EST news A LAKE Macquarie man charged with making false accusations about a former girlfriend two weeks before she was murdered was given an ultimatum in court yesterday.Ricardo Francis Herman Dasilva, 61, of Bonnells Bay, has until July to organise a lawyer, or be prepared to defend himself in court, Wyong Local Court magistrate Glen Walsh said.Mr Walsh told the court he was not satisfied Mr Dasilva had done all he could have done to prepare for yesterday's hearing after Mr Dasilva said he was appealing ... A LAKE Macquarie man charged with making false accusations about a former girlfriend two weeks before she was murdered was given an ultimatum in court yesterday. Little girl's mum kept her pain and anguish to herself http://www.lawyers.com.au/legal-articles/2011/3/29/little-girls-mum-kept-her-pain-and-anguish-to-herself/ Tue, 29 Mar 2011 00:00:00 EST news THROUGHOUT the 12 days Peta Barnes has been in the Supreme Court, she has given little indication of the inner turmoil she has endured for just over two years.The loss she has suffered will remain with her for the rest of her life.Unlike many witnesses who entered court 11 over the two-week trial, who struggled to maintain their composure when questioned about her little girl's death, Ms Barnes gave little away.Shifting her weight from one leg to another and moving her hands around the top of th ... THROUGHOUT the 12 days Peta Barnes has been in the Supreme Court, she has given little indication of the inner turmoil she has endured for just over two years. Shareholders step up the pressure on Centro deal http://www.lawyers.com.au/legal-articles/2011/3/29/shareholders-step-up-the-pressure-on-centro-deal/ Tue, 29 Mar 2011 00:00:00 EST news A group of Centro Properties shareholders which collectively owns more than 11 per cent of the stock is preparing for legal action which may thwart the $US9.4 billion sale of the group's US shopping centres unless there is a shareholder vote.The action is aimed at forcing Centro to hand over information about the deal, and financing arrangements on the US properties. If successful, the shareholder group will consider whether it has grounds to press for a full shareholder meeting on the deal.The ... Legal action looms over $US9.4b shopping centre sale, writes Malcolm Maiden Directors have governance concerns too http://www.lawyers.com.au/legal-articles/2011/3/28/directors-have-governance-concerns-too/ Mon, 28 Mar 2011 00:00:00 EST news THE highly regarded Canadian lawyer and governance specialist, Carol Hansell, readily admits that a lot of worthy corporate responsibility issues have been "talked to death".It might be how much pay the boss takes home, accountability for poor performance or managing conflicts of interest — someone will always want higher standards.But when Ms Hansell visited Australia recently, instead of encountering "governance fatigue" as she terms it, two ... THE highly regarded Canadian lawyer and governance specialist, Carol Hansell, readily admits that a lot of worthy corporate responsibility issues have been "talked to death". CLARE ISAAC http://www.lawyers.com.au/legal-articles/2011/3/28/clare-isaac/ Mon, 28 Mar 2011 00:00:00 EST news Clare Isaac is a lawyer who had just returned home after working in Singapore and Britain when she got caught up in the buzz of volunteering in the Queensland flood disaster."I was watching it on TV and thought, 'I just can't sit here — I have to help.'"Initially, the 36-year-old joined Brisbane City Council's "mud army", shovelling out people's homes and businesses in the worst-affected areas. She then registered with Volunteering Queensland ... Clare Isaac is a lawyer who had just returned home after working in Singapore and Britain when she got caught up in the buzz of volunteering in the Queensland flood disaster. Nationals cash in on discontent with Oakeshott http://www.lawyers.com.au/legal-articles/2011/3/28/nationals-cash-in-on-discontent-with-oakeshott/ Mon, 28 Mar 2011 00:00:00 EST news THE retirement of three long-serving Labor MPs and anger over the federal independent MP Rob Oakeshott delivered unprecedented swings in several seats.The Nationals took the central-west electorate of Bathurst - an area with a long Labor history - with the largest swing of more than 36 per cent.Bathurst's mayor, Paul Toole, romped home after the sitting member, Labor's Gerard Martin, decided not to recontest the election.The win extends the Nationals' dominance west of the Blue Mountains, adding ... THE retirement of three long-serving Labor MPs and anger over the federal independent MP Rob Oakeshott delivered unprecedented swings in several seats. tv previews http://www.lawyers.com.au/legal-articles/2011/3/28/tv-previews/ Mon, 28 Mar 2011 00:00:00 EST news Wonders of the Solar System NCIS Shelf Life Into the Deep – Whaling and the WorldWonders of the Solar SystemSBS One, 8.30pmPhysicist Brian Cox has lurked around some pretty funky places in his quest to understand the solar system but tonight, in the final episode of this remarkable series, he goes to the bottom of the Pacific Ocean, descending in a specially built submarine.With its lack of warmth and light and its forbiddingly high pressure, the conditions on th ... Wonders of the Solar System NCIS Shelf Life Into the Deep – Whaling and the World THE NEW FACES http://www.lawyers.com.au/legal-articles/2011/3/28/the-new-faces/ Mon, 28 Mar 2011 00:00:00 EST news MARK SPEAKMANLiberal, CronullaA Cambridge University-educated lawyer, Speakman has been a senior counsel for seven years. He is a moderate in the party and may aspire to become attorney-general, although Greg Smith, who will be sworn in to the job this week, has the confidence of Barry O'Farrell and was deputy director of public prosecutions before entering Parliament. Speakman succeeds another lawyer, Malcolm Kerr, in the Sutherland Shire seat.GABRIELLE UPTONLiberal, VaucluseUpton was deputy ch ... MARK SPEAKMAN Chaser's cup runneth over with new show http://www.lawyers.com.au/legal-articles/2011/3/27/chasers-cup-runneth-over-with-new-show/ Sun, 27 Mar 2011 00:00:00 EST news THEY flew a blimp over the Vatican and offered knuckle-dusters to NRL fans but the Chaser boys are about to unveil their biggest surprise yet.The comedy team have revealed they are working on a series of live Q&A-style events, guaranteed to be stunt-free and only sometimes-topical.Titled The Empty Vessel, the events will be trialled next month over three nights at FBi radio's pop-up live music venue, located upstairs at the Kings Cross Hotel. They will interview special guests and then throw ... THEY flew a blimp over the Vatican and offered knuckle-dusters to NRL fans but the Chaser boys are about to unveil their biggest surprise yet.