2024-04-21 01:40
Young workers and their employers need to have a thorough understanding of their legal rights and obligations. Young workers can bring fresh perspectives and enthusiasm to the workplace.Howe… Read More
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Prosper Law Publications Blog
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Publications and articles relating to Australian commercial and legal issues
2024-04-19 16:59
The reasonable person test is a benchmark of behaviour for determining whether something is reasonable or not. The idea of a reasonable person is a made-up concept used to help apply the law… Read More
2024-04-10 03:20
The right to disconnect is now part of Australian law. The right to disconnect will start in 2024 for large employers and in 2025 for small employers. There are some exceptions to this right… Read More
2024-03-15 16:23
If you are looking for online legal advice, it is important to understand how an online legal advice lawyer can impact the outcome of your legal matter. Getting advice from an online lawyer… Read More
2024-03-06 15:22
This article discusses the risks of using artificial intelligence, like the Chat GPT model, for making legal contracts. Knowing its limits and the possible effects of using it is important.I… Read More
2024-03-04 00:10
Setting off refer to the legal mechanism that allows one party to offset or deduct a certain amount of money, loss, damage, or expense owed to them by the other party against any amounts owe… Read More
2024-02-29 14:02
Employers set various employee restrictions to avoid legitimate impediments and losses and to protect their businesses and commercial assets. Restrictions should follow the law and consider… Read More
2024-02-28 22:28
Injuries in the workplace are unfortunate events that can occur but can be prevented with proper precautions and measures. When it comes to determining liability for worker injuries, a cruci… Read More
2024-02-28 14:23
Publishing copyrighted works without the identity of the accused being revealed has become rampant nowadays. Because of this, there are problems with getting permission and use of materials… Read More
2024-02-24 12:57
Hiring an online lawyer can be daunting, especially if you need help with anything complex like starting a business or you need a lawyer to carry out contract review services. Knowing what t… Read More
2024-02-22 09:25
A legal counsel is sometimes known as an in-house lawyer. Legal counsel deliver legal advice from within a business. A legal counsel may work as part of an in-house legal team or as a sole l… Read More
2024-02-22 07:23
Restraint of trade clauses in Australia are contractual provisions that limit individuals’ ability to engage in certain activities post-contract termination. These clauses are subject… Read More
2024-02-22 03:34
Phantom Share Plans (PSS), also known as shadow equity plans or phantom stock plans, are designed to replicate the benefits of share ownership without granting actual equity to employees.it… Read More
2024-02-21 15:35
When individuals come together to form a company and become shareholders, it’s essential to establish a clear framework that governs their rights and responsibilities. This is where a… Read More
2024-02-21 11:02
As more individuals and businesses turn to online marketing, trade promotions and competitions have become a common tool for people and companies to connect with their audience, foster brand… Read More
2024-02-15 14:58
Contract review is the process of analysing the terms of a legal agreement to ensure that they are valid, accurate, and do not involve potential risks. A contract review allows all parties i… Read More
2024-02-15 14:52
Removing a bad online review can be done by contacting the customer, resolving the problem or contacting the online platform. Bad reviews are (for the most part) an inevitable part of doing… Read More
2024-02-14 15:08
A social media post may be grounds for dismissal. The content of what is said in the social media post is key to deciding whether it gives an employer the right to terminate the employment c… Read More
2024-02-14 14:38
Here are 5 important things to consider when registering a business name in Australia. It’s important to know how to register a business name if you are starting a business. In Austral… Read More
2024-02-14 00:51
Modern Awards set out minimum employment conditions for various industries and occupations. Within these awards, coverage clauses define the scope of application of the Award.Modern Awards c… Read More
2024-02-13 15:06
The HVNL provides a single national law for the regulation of heavy vehicle operations across most Australian jurisdictions, except Western Australia and the Northern Territory.The purpose o… Read More
2024-02-12 07:14
Termination of an employment contract is not merely a conclusion of work duties. Instead, it marks the beginning of a series of critical post-termination steps. These steps ensure a smooth a… Read More
2024-02-12 06:46
Terminating an employment contract can be a complex process, involving various scenarios and procedures.In this article, we will explore common termination scenarios and the procedures that… Read More
2024-02-12 06:28
Terminating an employment contract in Australia is a critical process that requires careful consideration and adherence to legal obligations. Employers must be aware that they may face poten… Read More
2024-02-11 16:38
A franchise agreement is a legally binding contract that outlines the rights and obligations of both the franchisor and the franchisee. However, navigating the complexities of franchise law… Read More
2024-02-11 15:59
A franchise is a business agreement where a business owner (the franchisor) gives permission to someone else (the franchisee) to operate a branch of their business under the same name.The fr… Read More
2024-02-11 15:26
Compliance with annualised salary obligations is crucial for employers to ensure fair and lawful remuneration of their employees. Annualised salaries are a popular method of payment, but emp… Read More
2024-02-11 15:13
An annualised salary provides employers with a way to pay an employee for all of their award entitlements by paying a lump sum annual salary. It is important for employers to ensure that ann… Read More
2024-02-11 14:55
In Australia, company directors have a number of duties and obligations. One of those obligations is the duty to prevent a company from trading whilst insolvent. Company directors must know… Read More
2024-02-07 08:23
Owning copyright gives the owner a right to grant licences to that copyright. A person who receives certain rights may also possess the right to grant a license. Copyright ownership and lice… Read More
2024-02-04 16:42
One of the first steps in identifying Non-National System Employers (NNSE) in Australia is to understand what the national system actually entails. The National System (NS) refers to the set… Read More
2024-02-04 16:29
The National System Employer Concept refers to the legal framework that governs employment relationships in Australia. It encompasses various laws, regulations, and policies that protect the… Read More
2024-02-04 16:13
An employment contract is a crucial document that outlines the terms and conditions of the employment relationship between an employer and an employee. Having a good employment contract temp… Read More
2024-02-04 00:25
Many supply of goods agreements contain delivery terms. Well-drafted supply agreements may have Incoterms as they specify which parts of delivery each party is responsible for. They also cle… Read More
2024-02-03 12:34
Probationary periods in employment contracts are an important part of workplace law in Australia. An employment probationary period is the length of time that an employer and an employee mus… Read More
2024-02-03 11:20
Consulting contracts are a type of professional services agreement that governs the provision of professional advice. Consulting agreements are often used for architects, engineers and other… Read More
2024-02-03 00:24
Unfair dismissal cases continuously shape and redefine our understanding of what constitutes ‘fair’ and ‘unfair’ in the termination of employment. Unfair dismissal el… Read More
2024-02-02 18:17
Fit-for-purpose obligations require that a good or service is suitable for a particular purpose. The fit-for-purpose requirement may be set out in a contract or implied by law. Fit-for-purpo… Read More
2024-02-02 05:24
A contract can be terminated in several ways. For example, in accordance with the termination clause or by relying on legal principles under Common Law. Learning how to terminate a contract… Read More
2024-01-31 18:06
The Australian Consumer Law is one of the most important laws for online businesses to understand. In this article, you’ll hear from an eCommerce lawyer about how consumer law applies… Read More
2024-01-30 13:15
It is vitally important for your business to have a privacy policy. In this guide, we’ll step you through what you should include in your privacy policy and you’ll hear from an e… Read More
2024-01-27 09:58
A consulting contract is an agreement between a professional advisor and a client. A consulting agreement is an essential tool for consultants and can make all th… Read More
2024-01-27 09:57
Starting an online business can be one of the fastest, easiest, and least expensive ways to start a business. This is because, for many online businesses, all… Read More
2024-01-20 04:20
The Queensland Industrial Relations Commission (QIRC)
The Industrial Relations Act 2016 (Qld) governs the employer-employee relationship in Qu… Read More
2024-01-18 00:05
An intellectual property licence agreement describes how and when a person is granted rights to use intellectual property. The licence agreement may also set out… Read More
2024-01-13 15:24
The Heavy Vehicle National Law (HVNL) aims to enhance safety, consistency, and accountability in the transportation sector. This law seeks to streamline regu… Read More
2024-01-13 06:08
A subcontractor agreement is a contract between a contractor and a subcontractor. A contractor may decide to hire a sub-contractor when they recognise their resou… Read More
2024-01-08 09:10
The Spam Act 2003 is the basis of Australia’s electronic communications legislation. Its main goal is to oversee and control the transmission of unwanted co… Read More
2024-01-06 06:27
Senior legal counsel are lawyers. A corporate client employs them, either as their employer or their client. They work within the business itself and with other e… Read More
2024-01-06 05:32
Knowing where to buy legal templates online isn’t just convenient—it’s crucial to safeguarding your legal endeavours. The online sphere pres… Read More
2024-01-06 04:19
A forced resignation is when an employee has no real choice but to resign. It occurs when the:employee feels they have no real choice but to resign because of… Read More
2024-01-03 23:46
Misleading and deceptive conduct is a behaviour that misleads or deceives or is likely to mislead or deceive. People often use the phrase in the context of consum… Read More
2023-12-29 00:36
Professional indemnity insurance insures professional advisors and consultants against allegations of and claims for breach of their professional duty or, more sp… Read More
2023-12-27 04:33
Australia’s employment landscape is set for a significant overhaul in 2024 with proposed amendments to the Fair Work Act. These changes, stemming from the F… Read More
2023-12-24 08:13
Pregnancy discrimination is not uncommon. Pregnancy discrimination occurs when an employer treats a pregnant worker differently from others because of their pregn… Read More
2023-12-23 03:28
Workplace surveillance and monitoring employees involve systematically observing or tracking employees’ activities, behaviours, and communications within a… Read More
2023-12-18 00:19
The rules on fixed-term employment contracts have recently been updated. The new rules on fixed term employment will apply from 6 December 2023.These new regulati… Read More
2023-12-17 23:36
Long service leave (LSL) is a reward to an employee as a recognition of their continued services in a particular industry. LSL is accumulated over an extended… Read More
2023-12-01 11:13
In workplace investigations, the testimonies of witnesses frequently serve as a key part of the investigation. Often, witness statements and interviews will have… Read More
2023-11-25 02:50
Unfair contract terms create an unreasonable imbalance of power between contracting parties. Australian law prohibits unfair terms where a party to the agreement… Read More
2023-11-15 22:07
What is Redundancy?
Redundancy occurs when an employer terminates an employee’s position due to factors such as organisational restructu… Read More
2023-11-15 03:28
An independent solicitor’s certificate in Australia confirms that a person has received independent legal advice from a solicitor.
Often, certain legal tran… Read More
2023-11-12 09:49
If you’re all set to dive into the world of startups in Australia, you’re in for an exciting journey. But there are a few important things you should… Read More
2023-11-06 11:40
“Time is of the essence” is a frequently used clause in the legal areas, especially in the field of commercial contracts. This term emphasises the imp… Read More
2023-11-06 11:05
A business consultant is often an expert in their field. They provide specialist advice in a particular industry or field. A business consultant lawyer can ad… Read More
2023-11-01 10:54
When is an agreement legally binding?
For an agreement to be legally binding, it must meet certain criteria. Australian contract law requires… Read More
2023-10-26 12:26
Businesses often find the need to share personal information outside Australia with people in other countries. Businesses must remember that privacy laws aren’t l… Read More
2023-10-18 09:23
“Subject to contract” means that an agreement has been reached in principle however is subject to a contract being prepared. An agreement that is “subject to contract&rdqu&hell…Read More
2023-10-17 11:00
A force majeure clause is a standard contract clause that exists to protect businesses from situations beyond their control. The term “force majeure” defines events that one part… Read More
2023-10-16 10:53
Hiring a lawyer on retainer is a cost-effective way of getting legal advice. You pay a fixed fee and in return, you receive legal advice within the scope of the retainer.
Here at Prosper… Read More
2023-10-12 08:08
Workplace investigations are a critical component of maintaining a safe, respectful, and productive work environment. People often initiate them in response to allegations of misconduct, pol… Read More
2023-10-11 05:35
An unfair workplace investigation is an investigation in the workplace that is not impartial or procedurally fair. It may involve bias, lack of transparency, or failure to follow correct pro… Read More
2023-10-06 08:48
Here are 6 fair reasons for dismissal in Australia. Dismissal of employment isn’t always unfair in Australia. In many cases, employers may have valid reasons for terminating the employ… Read More
2023-10-03 11:27
A commercial cleaning contract is an agreement between a person and a cleaning business. A cleaning contract should describe the cleaning duties and the fees for those services.
For busin… Read More
2023-10-03 11:27
A commercial cleaning contract is an agreement between a person and a cleaning business. A cleaning contract should describe the cleaning duties and the fees for those services.
For busin… Read More
2023-09-26 11:42
Payment in lieu of notice plays an important role in the process of employment termination. Payments in lieu of notice allow employers to terminate an employee’s employment immediately… Read More
2023-09-25 11:57
Unfair dismissal lawyers help employees who have been unfairly dismissed, as well as represent employers who may need defending. The role of a lawyer in unfair dismissal claims is to get the… Read More
2023-09-17 09:51
Misleading and Deceptive Employment Conduct in Australia
Misleading and deceptive representations before or during employment often lead to disagreements. Whether it is employers misleadi… Read More
2023-09-17 09:51
Misleading and Deceptive Conduct in Employment
Misleading and deceptive representations before or during employment often lead to disagreements. Whether it is employers misleading employe… Read More
2023-09-06 12:47
Terminating an employee for taking sick leave can be risky for employers. But what if the employee has taken a significant amount of time off work or isn’t providing medical certificat… Read More
2023-08-27 01:39
What is the Small Business Fair Dismissal Code?
The Smal Business Fair Dismissal Code is a framework for small businesses to follow when dismissing an employee. Small businesses are treat… Read More
2023-08-23 11:09
Collecting personal information from a third party comes with some risk. In this article, our Privacy Lawyer, Farrah Motley, explores ways that you can collect personal information from a th… Read More
2023-08-17 22:28
An earn-out arrangement is an arrangement commonly used in mergers and acquisitions (M&A). An earn out arrangement is where part of the purchase price for a business relies on the perfor… Read More
2023-08-17 22:16
In the dynamic realm of online commerce, clear and fair website legal documents are the foundation of success. And you should only hire the best lawyer that not just offers legal services, b… Read More
2023-08-13 05:26
Conducting an on site inspection and issuing an inspection certificate is a critical part of an engineer’s role. The inspection certificate will be relied upon by the client to ensure… Read More
2023-08-09 12:09
Using legal consultants or services is popular among businesses in Australia, as it is in many other countries. Legal consulting offers valuable expertise and guidance on various legal matte… Read More
2023-07-29 00:48
Sexual harassment is a serious problem in Australian workplaces. It can have a devastating impact on victims, both emotionally and professionally. In recent years, awareness of the problem o… Read More
2023-07-09 07:36
Employment lawyers can provide valuable assistance to your business in several ways. In this article, we discuss a few ways an employment lawyer can help.
Remember, it’s important t… Read More
2023-07-08 02:16
An entertainment lawyer is a legal professional who specialises in the entertainment industry. They provide legal advice for the entertainment field, such as film, television, music, theatre… Read More
2023-07-08 01:01
Looking for a contract lawyer near you?
Take comfort in knowing that you can hire a specialist contract lawyer from the comfort of your own home. Prosper Law is Australia’s online… Read More
2023-07-04 11:00
Common law trademarks are unregistered trademarks protected under Australian Common Law principles. They are not registered but enjoy protection based on their use and goodwill.
In thi… Read More
2023-06-14 10:30
Unfair termination is also known as unfair dismissal. An employee is unfairly terminated when they are dismissed from their job in a harsh, unjust or unreasonable manner. An employment lawye… Read More
2023-06-14 03:53
An outsourced inhouse lawyer is a legal professional contracted by a business to provide custom legal services and run its legal function. However, they are not an employee of the business… Read More
2023-06-14 03:50
Subscription-based inhouse legal counsel services are a new business model offered by the legal industry to provide cost-effective legal services.
In this article, Farrah Motley, a leg… Read More
2023-06-03 12:45
A sponsorship agreement is a contract between a sponsor that is paying a fee or giving goods and services in exchange for a benefit from the sponsored party. These contracts often involve si… Read More
2023-05-31 11:40
Terms and conditions for phone apps explain the rights and obligations of the app developer, customer and end user. A contract for a phone app is important and should be prepared by a qualif… Read More
2023-05-29 11:30
Contract review is the process of analysing the terms of a legal agreement to ensure that they are valid, accurate, and do not involve potential risks. A contract review allows all parties i… Read More
2023-05-27 01:25
A consultancy agreement template in Australia is a way of buying or selling consultancy services using the same set of legal terms and conditions. A template consulting contract can save tim… Read More
2023-05-18 05:28
An employment lawyer assists businesses to manage employment risk and ensure that their employment practices comply with the law. Many lawyers that practice employment and industrial law spe… Read More
2023-05-02 10:47
Many contracts contain unenforceable contract terms. These terms are often illegal or prohibited by the statute, making them invalid and unenforceable in the court. While these terms may see… Read More
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