Misleading or Deceptive Conduct
A cause of action in misleading or deceptive conduct is founded in the Australian Consumer Law (ACL). The ACL provides a range of protections to consumers in relation to goods and services. One of the most commonly applied sections of the ACL is the provision that prohibits misleading or deceptive conduct in relation to consumer […]
What is the Law of Detinue?
Detinue is the area of law that relates to a situation in which a person wrongfully detains a person’s property and unreasonably refuses to return that property to its rightful owner. If the property should rightfully be in its owner’s possession, this area of law therefore allows for recourse for that property to be reclaimed. […]
Lawful Conspiracy
When we hear the word “conspiracy,” we often think of secretive, unlawful plots designed to deceive or harm. However, in the legal realm, conspiracy can also encompass lawful acts with intentions that may still result in damage to another party. This distinction is crucial in understanding the concept of lawful conspiracy. Lawful conspiracy refers to […]
Retail Shop Leases in Queensland
In Queensland, business leases are either retail or non-retail. Retail leases apply to premises that serve customers directly, such as shops, and are governed by the Retail Shop Leases Act 1994 (Qld) (the Act). Non-retail leases, also known as commercial leases, apply to premises such as warehouses and factories and are governed by the Property Law Act 1974 (Qld). What […]
Deed vs Agreement: What’s the Difference?
The words ‘agreement’ and ‘deed’ are used interchangeably. In commercial contracts, some arrangements are formally expressed to be an ‘agreement’ while others are expressed to be a ‘deed’ or ‘deed of agreement’. However, an agreement and a deed are very distinct legal instruments and their incorrect use may have adverse consequences for certain transactions. What […]
Genuine Redundancy and Unfair Dismissal
In the context of unfair dismissal claims under the Fair Work Act 2009, the concept of genuine redundancy plays a crucial role. A genuine redundancy occurs when an employee’s job is no longer required to be performed by anyone due to changes in the operational requirements of the employer’s business. In cases of genuine redundancy, […]
