<?xml version="1.0" encoding="UTF-8"?>
<!--Generated by Squarespace Site Server v5.11.81 (http://www.squarespace.com/) on Fri, 17 Feb 2012 12:43:13 GMT--><feed xmlns="http://www.w3.org/2005/Atom" xmlns:dc="http://purl.org/dc/elements/1.1/"><title>CEBA Perth, WA - Industry News</title><subtitle>Industry &amp; Legislation</subtitle><id>http://www.ceba.com.au/industry-legislation/</id><link rel="alternate" type="application/xhtml+xml" href="http://www.ceba.com.au/industry-legislation/"/><link rel="self" type="application/atom+xml" href="http://www.ceba.com.au/industry-legislation/atom.xml"/><updated>2011-02-07T04:50:52Z</updated><generator uri="http://www.squarespace.com/" version="Squarespace Site Server v5.11.81 (http://www.squarespace.com/)">Squarespace</generator><entry><title>Lynn &amp; Brown Advice on Consumer - Unfair Contract Law</title><category term="Consumer Unfair Contract Law"/><category term="Lynn &amp; Brown Lawyers"/><id>http://www.ceba.com.au/industry-legislation/2011/2/7/lynn-brown-advice-on-consumer-unfair-contract-law.html</id><link rel="alternate" type="text/html" href="http://www.ceba.com.au/industry-legislation/2011/2/7/lynn-brown-advice-on-consumer-unfair-contract-law.html"/><author><name>WebMaster</name></author><published>2011-02-07T04:27:42Z</published><updated>2011-02-07T04:27:42Z</updated><content type="html" xml:lang="en-US"><![CDATA[<div id="_mcePaste" style="text-align: left;"><strong>LYNN &amp; BROWN LAWYERS</strong> have sent in this useful article on changes to Consumer Contract Laws at July 2010 , If you require further advice contact Lynn &amp; Brown Lawyers directly:</div>
<div style="text-align: left;">&nbsp;in MORLEY</div>
<div style="text-align: left;">5 Collier Road</div>
<div style="text-align: left;">Morley WA 6062</div>
<div style="text-align: left;">Telephone: (08) 9375 3411</div>
<div style="text-align: left;">Facsimile: (08) 9275 1311.</div>
<div style="text-align: left;"></div>
<div style="text-align: left;"><em>(Please note: that this advice is provided in good faith on behalf of Lynn &amp; Brown Lawyers and CEBA is not responsible for any inaccuracies or inconsistencies in the information provided).</em></div>
<div style="text-align: center;"></div>
<h2><strong>Consumer Law - Unfair Contract Terms from July 2010</strong></h2>
<div id="_mcePaste">As of 1 July 2010 unfair contract terms are void.</div>
<div id="_mcePaste">Under new Australian consumer law ASIC will administer this law to deal with unfair terms in consumer contracts for financial products and financial services.</div>
<div id="_mcePaste"></div>
<div><strong>What this means for you</strong></div>
<div id="_mcePaste">Previously the law protected consumers against unfairness in contractual dealings, for example, by prohibiting unconscionable or misleading and deceptive conduct.</div>
<div id="_mcePaste">The new law protects consumers by giving courts the power to find that a term is unfair. If the term is found to be unfair it will be void and therefore not binding.</div>
<div></div>
<div id="_mcePaste"><strong>Types of contracts</strong></div>
<div id="_mcePaste">Unfair contract term provisions apply to &ldquo;standard form consumer contracts&rdquo;. Broadly, these are typically prepared by one party to the contract and are not subject to negotiation between the parties. That is, it is offered on a &ldquo;take it or leave it&rdquo; basis.</div>
<div id="_mcePaste">Standard form contracts are commonly used in industries including telecommunications, utilities, travel and finance.</div>
<div id="_mcePaste">Contracts for home loans, credit cards, and client or broker agreements are almost certainly standard form contracts.</div>
<div id="_mcePaste">Insurance contracts are regulated under the Insurance Contracts Act 1984 and are not covered under this consumer law.</div>
<div></div>
<div id="_mcePaste"><strong>When is the term of a consumer contract unfair?</strong></div>
<div id="_mcePaste">A term in a consumer contract is unfair if:</div>
<div id="_mcePaste">
<ul>
<li>It would cause significant imbalance in the parties rights and obligation arising under the contract; and</li>
<li>&nbsp;It is not reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term; and</li>
<li>It would cause detriment, whether financial or otherwise, to a party if it were to be applied or relied on.</li>
</ul>
</div>
<div id="_mcePaste">In determining whether a term of a consumer contract is unfair a court will take into account the extent to which the term is transparent, that is, whether it is expressed in reasonably plain language, legible, presented clearly and readily available to all parties, and the court will look at the contract as a whole.</div>
<div id="_mcePaste">Contracts before 1 July 2010.</div>
<div></div>
<div id="_mcePaste">The law covering unfair contract terms only applies to contracts entered into or varied after 1 July 2010.</div>
<div id="_mcePaste">Contracts entered into before 1 July 2010 are not affected unless such contracts are renewed or a term of a contract is varied on or after this date.</div>
<div></div>
<div id="_mcePaste">In the first instance the provisions apply to any conduct occurring from the date of renewal. In the later, the new provisions apply to the varied terms, not the whole contract.</div>
<div></div>
<div id="_mcePaste"><strong>What can you do if you think a term in your consumer contract is unfair?</strong></div>
<div id="_mcePaste">You could make a complaint directly to your service provider and if they cannot resolve it you could take your complaint to the Financial Ombudsman Service, or the Credit Ombudsman Service Ltd.</div>
<div id="_mcePaste">You could also make a complaint directly to ASIC. ASIC may seek the co-operation of the financial services business to resolve the complaint however they cannot endorse contract terms or state that they are unfair.</div>
<div></div>
<div id="_mcePaste">Only a court can decide if the term is unfair or not. ASIC, as well as any party to the contract, can apply to a court to have the term declared unfair if it is in the public interest to do so.</div>
<div></div>
<div id="_mcePaste">If you think your consumer contract contains unfair terms and would like more information or to discuss your options further please contact our office.</div>
<div></div>
<p>&nbsp;</p>]]></content></entry><entry><title>Are workplace disputes ruining your business?</title><id>http://www.ceba.com.au/industry-legislation/2009/6/6/are-workplace-disputes-ruining-your-business.html</id><link rel="alternate" type="text/html" href="http://www.ceba.com.au/industry-legislation/2009/6/6/are-workplace-disputes-ruining-your-business.html"/><author><name>WebMaster</name></author><published>2009-06-06T16:12:57Z</published><updated>2009-06-06T16:12:57Z</updated><content type="html" xml:lang="en-US"><![CDATA[<p><strong>Western Australian businesses have a free and confidential mediation service available to help solve workplace disputes without the hassle of long-winded arbitration and costly court proceedings</strong>.</p>
<p>If you'd like to know more about this service</p>
<p><a href="http://www.ceba.com.au/storage/Dont_let_workplace_disputes_ruin_your_business.jpg">Download the complete article on resolving workplace dispute issues here:</a></p>
<p>Courtesy WA Industrial Relations Commission.</p>
<p>&nbsp;</p>]]></content></entry><entry><title>Thinksafe Small Business Assistance</title><id>http://www.ceba.com.au/industry-legislation/2009/6/6/thinksafe-small-business-assistance.html</id><link rel="alternate" type="text/html" href="http://www.ceba.com.au/industry-legislation/2009/6/6/thinksafe-small-business-assistance.html"/><author><name>WebMaster</name></author><published>2009-06-06T16:09:43Z</published><updated>2009-06-06T16:09:43Z</updated><content type="html" xml:lang="en-US"><![CDATA[<p>Programme Brochures are now available from the CEBA Office.</p>
<p><a href="http://www.ceba.com.au/contact-us/">Contact Peter Gardner for your copy</a></p>
<p>&nbsp;</p>]]></content></entry><entry><title>Overseas skilled workers</title><id>http://www.ceba.com.au/industry-legislation/2008/10/21/overseas-skilled-workers.html</id><link rel="alternate" type="text/html" href="http://www.ceba.com.au/industry-legislation/2008/10/21/overseas-skilled-workers.html"/><author><name>WebMaster</name></author><published>2008-10-21T03:03:54Z</published><updated>2008-10-21T03:03:54Z</updated><content type="html" xml:lang="en-US"><![CDATA[<p>Is your business lacking the skilled workforce it requires to achieve its full potential?</p>
<p>Overseas skilled workers may be the answer if you are unable to recruit employees in Australia to fill these positions. Various temporary and permanent visas are currently available to enable an Australian business to employ overseas skilled workers.</p>
<p>Whether temporary or permanent visas are applied for by the employer, sponsorship from the employer will always be required.</p>
<p>In the category of temporary visas the most popular visa is the temporary business long stay &ndash; standard business sponsorship (sub class 457).</p>
<p>The employer can sponsor approved skilled workers to work in Australia.</p>
<p>Employers can nominate a number of different occupations under the same sponsorship application.</p>
<p>This visa allows employers to employ overseas workers to fill nominated positions.</p>
<p>The employer will be able to employ overseas workers for a period of between 3 months and 4 years.</p>
<p>For the employer to qualify for this visa, the business must be approved as a sponsor before the employer can employ overseas skilled workers.</p>
<p>Various requirements will determine the employer&rsquo;s eligibility for this visa:</p>
<ol>
<li>the employer must lawfully and actively be operating a business; </li>
<li>the employer must directly be the employer of the employee; </li>
<li>the employer must have a good business record; </li>
<li>the employer must abide by immigration laws; and </li>
<li>the employment of the skilled worker must benefit Australia. </li>
</ol>
<p>Obligations of the employer:</p>
<ol>
<li>the employer must be responsible for costs eg travel expenses, medical expenses, repay the Australian government any monies spent by the government as a result of the employees&rsquo; stay in Australia; </li>
<li>the employer must comply with Australian immigration laws; </li>
<li>the employer must cooperate with the Department of Immigration and Citizenship; </li>
<li>the employer must comply with the terms of the nomination; </li>
<li>the employer must comply with the workplace relations laws; and </li>
<li>the employer must pay at least the Minimum Salary Level (MSL) to primary subclass 457 visa holders. </li>
</ol>
<p>&nbsp;The basic three steps to get a sub class 457 visa in place are:</p>
<ol type="a">
<li>the employer applies to be a sponsor; </li>
<li>the employer nominates a position; and </li>
<li>the employee applies for a visa. </li>
</ol>
<p>Overseas skilled workers may be a valuable addition to your business. We trust the information provided in this article will assist you in determining whether this will be a viable option for your business.</p>
<p>For more information on temporary and permanent employer sponsored visas, general skilled migration and business visas contact Lynn &amp; Brown Lawyers. Ph:9375 3411 MARN 0641345.</p>]]></content></entry><entry><title>Internet Domain Scam</title><id>http://www.ceba.com.au/industry-legislation/2008/8/30/internet-domain-scam.html</id><link rel="alternate" type="text/html" href="http://www.ceba.com.au/industry-legislation/2008/8/30/internet-domain-scam.html"/><author><name>WebMaster</name></author><published>2008-08-30T03:46:14Z</published><updated>2008-08-30T03:46:14Z</updated><content type="html" xml:lang="en-US"><![CDATA[<p>A ‘real’ letter “WorldWideWeb Register” asking for 877 Euros (for 3 years) to renew ones domain name has been circulating some of our clients here in WA.
Here is a <a href="http://towerblog.towersystems.com.au/2008/07/02/worldwideweb-register-scam.html">link</a> to other people who have seen or been affected by this.</p>

<p>Because of the change in Domain registration procedures, I have seen people giving these documents serious consideration where possibly 4 months ago they would have simply been thrown out.</p>
 
<p>What the Spanish scammers are doing is (kind of) legal as they are asking you to pay a lot of money to go onto their database. The fact that their database’s name is coincidentally very similar to the Internet’s WWW Registrar, for me, classifies it as a type of spam or con.</p>

<p>For more details contact Ian Clements, Technical Consultant, Syswise on 9375 2900.</p>]]></content></entry><entry><title>Housing Market "Can Reap Rewards" for Investors</title><id>http://www.ceba.com.au/industry-legislation/2008/7/17/housing-market-can-reap-rewards-for-investors.html</id><link rel="alternate" type="text/html" href="http://www.ceba.com.au/industry-legislation/2008/7/17/housing-market-can-reap-rewards-for-investors.html"/><author><name>WebMaster</name></author><published>2008-07-17T06:03:36Z</published><updated>2008-07-17T06:03:36Z</updated><content type="html" xml:lang="en-US"><![CDATA[<p>The RBA&rsquo;s decision to keep the cash rate steady at 7.25% for the fourth month in a row could provide an opportunity for those looking to enter the property market to do so by purchasing an investment property before buying a home says Mortgage Choice.</p><p>While the decision to keep rates stable will be a relief for the approximate one third of Australians with a home loan, Mortgage Choice Bernie Foley said an increasing number of Australians are considering buying an investment property before a home in order to gain a foothold in the market. </p><p>&ldquo;Purchasing a home before an investment property isn&rsquo;t a rule, especially these days,&rdquo; he said. </p><p>&ldquo;In fact, more and more people are initially investing in property to rent out and then use the knowledge, tax breaks and equity gained from that venture to buy their own home. This occurs especially with younger people who want to get into the property market but may have been priced out of buying a home in the area they want to live in. </p><p>&ldquo;The rental vacancy market remains historically tight, averaging 1.6% nationwide and with net migration at a 20-year high, the outlook for residential investors who rent out property is positive. </p><p>&ldquo;Buying an investment property before buying a home can be a clever option &ndash; as long as the buyer researches rental yield, tenancy demand and capital growth potential, and their financial situation allows it. A clever purchase and a little patience could see these homebuyers-to-be residing in their desired suburb sooner than they think. </p><p>&ldquo;Of course, potential investors should always speak to their accountant or financial advisor to determine the opportunities and risks involved&rdquo;. </p><p>The latest Real Estate Institute of Australia figures show the most significant increases in rent for houses over the March quarter were recorded in Darwin (8.9%), Brisbane (6.7%), and Hobart (5.4%). For other dwellings, the most significant increases were in Hobart (6.5%), and Melbourne (5.4%). </p><p>Economists are divided as to what will happen over the next 12 months, though most appear to believe the cash rate will either remain steady or increase. The next round of quarterly inflation figures will be released on July 23, and the August cash rate decision will undoubtedly reflect the RBA&rsquo;s views on this report. </p><h3>Contact Mr Foley at <a class="offsite-link-inline" href="http://www.mortgagechoice.com.au/bernie.foley" target="_blank">this web address </a>or call 08 9376 1922 For further information or to arrange an interview please contact: Bernie Foley F/B Licence No. 2832 Mortgage Choice 08 9376 1922 </h3><br />]]></content></entry><entry><title>ANZ Economic Outlook - Sept 08 Quarter</title><id>http://www.ceba.com.au/industry-legislation/2008/7/17/anz-economic-outlook-sept-08-quarter.html</id><link rel="alternate" type="text/html" href="http://www.ceba.com.au/industry-legislation/2008/7/17/anz-economic-outlook-sept-08-quarter.html"/><author><name>WebMaster</name></author><published>2008-07-17T05:56:06Z</published><updated>2008-07-17T05:56:06Z</updated><content type="html" xml:lang="en-US"><![CDATA[<p>Here is the latest Economic Outlook document from the ANZ's Saul Eslake.</p><p><a href="http://www.ceba.com.au/storage/AEO_Sep_08.pdf">Click here to download</a> (PDF Version)</p>]]></content></entry><entry><title>Workchoices - recent amendments</title><id>http://www.ceba.com.au/industry-legislation/2008/6/7/workchoices-recent-amendments.html</id><link rel="alternate" type="text/html" href="http://www.ceba.com.au/industry-legislation/2008/6/7/workchoices-recent-amendments.html"/><author><name>WebMaster</name></author><published>2008-06-07T04:44:57Z</published><updated>2008-06-07T04:44:57Z</updated><content type="html" xml:lang="en-US"><![CDATA[<p style="text-align: justify" align="justify">Recently the Workchoices scheme was amended to incorporate a series of ongoing amendments to wind back the previous Workchoice legislation.&nbsp; </p><p style="text-align: justify" align="justify">The legislation will have the following effect:</p><ol><li><div>Stop new AWAs from being entered into from the date the legislation takes effect. </div></li><li><div>Establishes interim transitional employment agreements (ITEAs) as a new form of statutory agreement (which may be entered into between the commencement of the legislation but must last no longer than 31 December 2009. </div></li><li><div>Repeals the fairness test and introduces what is known as a no disadvantage test. </div></li><li><div>Directs the Federal Industrial Relations Commission to modernise current existing awards. </div></li></ol><p style="text-align: justify" align="justify">LEGISLATION OF WORKPLACE AGREEMENTS</p><p style="text-align: justify" align="justify">As from the commencement date, all further workplace agreements are no longer able to be entered into.&nbsp; This includes any variation of the agreement.</p><p style="text-align: justify" align="justify">ITEAs</p><p style="text-align: justify" align="justify">These agreements provide that where an ITEA is entered into between an employer and an employee there is, a test known as a no disadvantage test.&nbsp; </p><p style="text-align: justify" align="justify">This means that for the agreement to be registered, there must be no disadvantage to the employee entering into an agreement and a reference agreement may be a collective agreement such as an enterprise bargaining agreement or an award or some other form of designated award.</p><p style="text-align: justify" align="justify">In considering whether the agreement can be registered, the Workplace Agreements Director is also required to have regard to personal circumstances of the employee, including family responsibilities.</p><p style="text-align: justify" align="justify">Where the employee stands to lose financial advantages, then consideration must be given to loss of non-monetary benefits such as days off or a beneficial shift roster.</p><p style="text-align: justify" align="justify">The legislation significantly varies the AWA arrangements and significantly reinstates the role of awards.</p><p style="text-align: justify" align="justify">It is to be noted that ITEAs cannot be extended beyond the date of 31 December 2009.&nbsp; </p><p style="text-align: justify" align="justify">FUTURE DIRECTION</p><p style="text-align: justify" align="justify">There are likely to be further significant changes during the course of this Federal Parliament and it should also be noted that these changes will apply to all incorporated bodies trading for profit.&nbsp; The State Industrial Relations legislation will still apply to persons trading as a sole trader/partnerships and non-profit organisations.</p><h3>Article by:</h3><h3>Steven Brown <br />Director <br />Lynn &amp; Brown Lawyers Pty Ltd <br />Tel: (08) 9375 3411 Fax: (08) 9275 1311 </h3><p>&nbsp;</p>]]></content></entry><entry><title>Child support reforms from July 1st</title><id>http://www.ceba.com.au/industry-legislation/2008/6/7/child-support-reforms-from-july-1st.html</id><link rel="alternate" type="text/html" href="http://www.ceba.com.au/industry-legislation/2008/6/7/child-support-reforms-from-july-1st.html"/><author><name>WebMaster</name></author><published>2008-06-07T04:40:46Z</published><updated>2008-06-07T04:40:46Z</updated><content type="html" xml:lang="en-US"><![CDATA[<p>The reformed Child Support Scheme starts on 1 July 2008. </p><p>It will apply to all separated parents and all child support payments will need to be reassessed at or before that time. </p><p>What will the most important changes be? New formulas will be introduced that make reference to the costs of children, taking into account the age of the child. A higher level of support will be payable for teenage children. The income of both parties will be taken into account and the costs of the child apportioned between the parents, based on the amount of time the child spends with each parent. The child support assessment may take into account re-establishment costs incurred by a parent during the first three years of separation. A step-child may be taken into account in determining a parent&rsquo;s obligation to pay child support for their biological child from their first family. A new minimum child support amount of $20 per week will apply unless the payer can establish that their taxable income is very low. </p><p>Legislation regarding current child support agreements will be rewritten. The Registrar will review current agreements and may determine that they be terminated. </p><p>Child support agreements made after 1 July 2008 will be of 2 types &ndash; a binding agreement or a limited agreement. A binding agreement will require independent legal advice before signing and can only be terminated in &ldquo;exceptional circumstances&rdquo;. A limited agreement can be terminated more easily including by a unilateral act of either party after three years. </p><h3>Article by:</h3><h3>Steven Brown <br />Director <br />Lynn &amp; Brown Lawyers Pty Ltd <br />Tel: (08) 9375 3411 Fax: (08) 9275 1311 </h3><p>&nbsp;</p>]]></content></entry><entry><title>WA Budget "Positive For Homebuyers"</title><id>http://www.ceba.com.au/industry-legislation/2008/5/13/wa-budget-positive-for-homebuyers.html</id><link rel="alternate" type="text/html" href="http://www.ceba.com.au/industry-legislation/2008/5/13/wa-budget-positive-for-homebuyers.html"/><author><name>WebMaster</name></author><published>2008-05-13T05:40:36Z</published><updated>2008-05-13T05:40:36Z</updated><content type="html" xml:lang="en-US"><![CDATA[<p>WA homebuyers have waited a long time for tax cuts on residential properties and now they will be delivered, over the next four years. The stamp duty, land tax and payroll tax cuts will cost the government $1.2 billion but tax revenue will still rise over the forward estimates by $1.4 billion. </p><p>


Local Mortgage Choice loan consultant/franchise owner, Bernie Foley said both homebuyers and property investors will appreciate the cuts. </p><p>


“Anything that reduces the challenge of housing affordability is a positive move,” he  said. </p><p>


“Especially in the West, which has experienced an impressive price boom in the past five years. This has put a lot of pressure on homebuyers especially, who may have been saving towards a particular purchase value only to find property prices were rising faster than their deposit account”. </p><p>


One of the most important cuts is the 15 percent cut to stamp duty, which will reduce the costs associated with a purchase of a median priced home by almost $3,000. The cut comes into effect on 1 July 2008. </p><p>


The land tax exemption threshold will be increased by $50,000 to $300,000, while other thresholds will increase and some rates will be lowered. </p><p>


“We can expect a number of potential WA property buyers to sit tight and wait until 1 July before moving ahead with purchasing. The cuts are not insignificant, especially for those on a tight budget,” Mr Foley said. </p><p>


According to the Mortgage Choice / REIA MarketFacts report for the December 2007 quarter, Perth’s quarterly median house price remained steady at $465,000. Median ‘other’ dwelling prices decreased 0.5% to $369,000, and rental vacancy rates reached 1.6%. </p><h3>Contact My Foley at <a class="offsite-link-inline" href="http://www.mortgagechoice.com.au/bernie.foley" target="_blank">this web address </a>or call 08 9376 1922 For further information or to arrange an interview please contact: Bernie Foley F/B Licence No. 2832 Mortgage Choice 08 9376 1922 </h3><br />


]]></content></entry></feed>
