Commercial & Civil Legal

Changes to the Strata law later this month

Under proposed changes to the subsidiary legislation of the Strata Titles Act 1985 (WA) (Strata Act), the State Administrative Tribunal (SAT) will become a ‘one stop shop’ for all strata disputes.

The fine line between casual and full time employment

Employers should consider whether their casual employees are in fact casual employees in substance. Relevant considerations for determining this are:

The importance of properly documenting settlement agreements

Less than 2% of disputes make it to trial in the Supreme Court of Western Australia.

Importance of Employers understanding their obligations: Modern Awards

The recent $200,000 fine imposed on George Calombaris by the Fair Work Commission for underpaying staff is a timely reminder that the consequences of employers not understanding their obligations in r

Defamation by Facebook – Businesses beware

A recent decision of the Supreme Court of New South Wales has confirmed the once uncertain proposition that owners of social media pages may be found liable as publishers of defamatory comments made b

Tips for employers: unfair dismissal claims and practical ways to avoid them

This is an abridged version of a more comprehensive article you can find here.

Aaron McDonald discusses the findings of the “Fiocco Report” with John Fiocco

Aaron McDonald discusses the findings of the "Fiocco Report" with John Fiocco.

Business Advice with Pragma Legal's Aaron McDonald and Cullen Macleod's Catriona Macleod

PODCAST: Mark Pownall talks to Aaron McDonald from Pragma Legal and Catriona Macleod from Cullen Macleod about the WA commercial and civil legal market, including the rise of technology and increase in client bargaining power.

Understanding your rights under the Independent Contractors Act

The Independent Contractors Act 2006 (Cth) (Act) seeks to establish the legal obligations, liabilities and rights that arise in service contracts between independent contractors and businesses.

Misleading Website Reviews: Federal Court Imposes Penalties

The ACCC commenced proceedings against Meriton Property Services Pty Ltd (‘Meriton’) for engaging in conduct likely to mislead the public in connection with online website reviews on TripAdvisor in  A

Unfair Contract Terms: ACCC Enforces New Laws

The ACCC introduced new laws on 12 November 2016 which extended to cover small business contracts and afford protection from unfair contract terms.

What’s a ‘person’? Legal entities in hospitality businesses

You may have heard the idea that a person includes companies. That sounds a little odd. Lawyers, on the other hand, don't blink at that sentence.

Findings on the future of the legal profession

The future of the legal profession The Law Society of New South Wales has published its report into the Future of Law and Innovation in the Profession (commonly known as the FLIP Report).

What powers do WA Public Transport Authorities have to request personal information?

The recent decision of Badran v Public Transport Authority of Western Australia [2017] WASCA 28, makes  it clear that in Western Australia in order for an individual to obstruct, hinder or impede a pu

Security Interests and the PPSR – Why ABNs and ACNs matter

The NSW Supreme Court recently handed down a decision illustrating the importance of distinguishing ABNs and ACNs in the context of security registrations under the Personal Property and Securities Ac

To Trademark or Not to Trademark?

If you’re a business owner, you may have heard of the term ‘trademark’, and you may wonder whether you need one, or whether registering your business name is enough to protect you and your business fr

Maximising your Prospects of Getting Paid

The number of businesses in Western Australia that are appointing insolvency practitioners to administer them have been steadily increasing over the past decade.