Australian Law On“Reasonable Notice” For Termination Of Employment

Many countries require that an employer give “reasonable notice” of planned or impending employment termination to an employee. Countries and individual jurisdictions vary in their interpretation of what constitutes “reasonable notice.” In Australia, the traditional view is that where an employment contract is either silent on notice of termination or includes an inadequate period of


U.K.: Can You Airbnb?

The rise of the “sharing economy” has led to the enormous success of companies like Airbnb, Under The Doormat, and VRBO which facilitate people letting their homes or spare rooms on a short-term basis. PWC reports that the sector will grow from £15bn in 2013 to £335bn by 2025. The legal position in relation to


Mandatory Paid Sick Leave Requirement Changes For U.S. Contractors

The U.S. Department of Labor recently released its Final Rule requiring that federal contractors provide up to 56 hours of paid sick leave per year to their employees. This Rule implements an Executive Order by President Obama and is expected to affect more than 1.1 million employees – including those who currently receive no sick


Drafting Effective Arbitration Clauses

Arbitration as means to resolve disputes is growing in use around the world and is a favored method of dispute resolution in certain industries, such as in international construction contracts. In business it is often expressly consented-to as a more timely and less expensive vehicle for dispute resolution than litigation. Ally Law member firms have practitioners


Australia’s New Foreign Resident Capital Gains Tax Creates Obligations

From 1 July 2016, purchasers who acquire ”indirect interests” in Australian land from a foreign resident may be required to withhold an amount equivalent to 10% of the purchase price and remit it to the Australian Taxation Office (ATO). This mandate is required under the new foreign resident capital gains tax withholding regime (CGT Regime).


Penalties Versus Late Payment Fees Under Australian Law

A recent decision by the High Court of Australia settles the question of whether contractual late payment fees constitute impermissible penalties. In allowing the fees in question, the High Court reaffirmed the freedom of contract and held that courts should refrain from interfering in contracts unless the fee in question is out of all proportion


Nondisclosure Agreements In The Attorney-Client Relationship And Assuring Confidentiality in Business Relationships

Despite established rules and laws governing the confidentiality of attorney-client communications in most jurisdictions around the globe, some clients are requesting that their law firms execute nondisclosure agreements relating to legal representation. Are these contractual remedies necessary or advisable in an attorney-client relationship? Should an attorney execute such an agreement? In what business relationships are


Commercial Leases: Strict Compliance With Contract Terms Is Required

In commercial leases, uneven compliance with rental payment terms and lease renewal obligations are sometimes waived by the parties when negotiating a new lease. However, a Canadian Supreme Court recently clarified renewal rights in the context of commercial leases, finding that a tenant fails to strictly follow lease terms and obligations at its own peril.


Oil and Gas Leases: “Substantial Compliance” May Not be Enough

A recent Ohio state appellate case underscores the importance of consulting counsel in the governing jurisdiction when drafting, interpreting, or litigating energy contracts. It is critical to understand the nuance of an applicable law because jurisdictions differ not only in the letter of the law, but also in the way any particular law is interpreted by


Restrictive Covenants in the Construction Industry

Many industries rely on relationships to generate sales and use restrictive covenants to protect these relationships. However, in the construction industry, contractors and lawyers frequently limit themselves to what appears in the forms provided by the American Institute of Architects. The construction industry can benefit from restrictive covenants to protect trade secrets, and confidential information integral to those particular


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