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Key HR changes from 1 July 2022

The Vincent Young Employment + Workplace Relations team has updated its Employment + Workplace Relations Guide to reflect the changes for the 2022-2023 financial year. Download your copy today.   National Minimum Wage Each financial year, the Fair Work Commission’s (FWC) Expert Panel for wage reviews undertakes its annual wage review. This financial year, the …
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Off the plan misrepresentation – Case note on Ripani v Century Legend Pty Ltd [2022] FCA 242

THE KEY TAKEAWAYS The words “artist’s impression” do not detract from the materiality of an image and the representations it conveys. Boilerplate disclaimer clauses in marketing material and exclusion clauses in contracts are insufficient to exclude the statutory remedies under the Australian Consumer Law comprised in Schedule 2 of the Competition and Consumer Act 2010 …
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Fitness for Purpose Warranties: Contractor Beware

Modern construction contracts increasingly blur the roles and responsibilities of the parties. Consistent with this pattern, ‘Fitness for Purpose’ (FFP) warranties may be used to place the design risk on the contractor (as opposed to the designer or professional engineer). Contractors should be aware of express and implied FFP warranties to avoid accepting excessive design …
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Defective Carpets and Floating Floorboards – Common Property or Lot Property?

One unsettled area of law that could have potentially far-reaching implications is the distinction between common property and lot property in a Strata Plan. This is particularly relevant where Owners Corporations are suing builders for defects to floors and ceilings. Determining whether a particular building element is common or lot property is relevant to determine …
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Defamation – what it takes

The elements required to prove defamation are difficult to satisfy before the Court. Each case should be assessed on its own merits, and the following key components must be proven on the balance of probabilities for a successful claim: Who can be defamed? A corporation has no cause of action for defamation in relation to …
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