Monthly Archives: November 2014

ILN Today Post

Can I be certain that I acquired the property?

Before purchasing a real property it is obvious that the purchaser examines whether the seller is the registered owner of the property and whether the title deed lists any encumbrances relating to the property. If, however, the investigation stops at this point and does not cover the transaction on the basis of which the seller acquired the property, the purchaser may face some unpleasant surprises.

According to the principles of the civil law, ownership rights can only be acquired from the owner. This principle applies to properties as well: the purchaser can only acquire ownership if the seller was the owner of the property. As the land registry authentically certifies who the owner of the property is, it seems easy to check the owner of a real property. More…

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ILN Today Post

Employer ordered to pay redundancy pay, despite offer of alternative employment

In limited circumstances, an employer may be able to avoid its obligation under the Fair Work Act 2009 (Cth) to provide redundancy pay to an employee, including if it offers the employee reasonable alternative employment.  However, as highlighted by a recent case, what is ‘reasonable’ depends on all of the circumstances.

In a recent case before the Fair Work Commission (FWC), an employer was unsuccessful in its efforts to avoid triggering its statutory obligation to pay redundancy pay to employees covered by an enterprise agreement. More…

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ILN Today Post

Customs issue new notice linking customs brokers to identity theft

Last Friday (31 October 2014), a new notice issued by the Australian Customs and Border Protection Service (“Customs”) appeared on the Customs website addressing identity theft issues relating to licensed customs brokers (“LCB”).

The notice, ACBPN No 2014/52 can be found here.

The Notice raises a serious issue of “identity theft” within the Customs Integrated Cargo System (“ICS”).  Customs suggests that some LCBs have allowed “unscrupulous” parties to “piggyback” on the identity and details of legitimate traders without checking that the party is, in fact that legitimate trader.  The intent would be that the person incorrectly claiming the identity of the legitimate trader would not receive the same level of scrutiny of their consignments. More…

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Erki Kergandberg and Elmer Muna comment on charges brought against Liviko in the business daily Äripäev

This spring, the Office of the Prosecutor General brought charges against several retailers and alcohol producer Liviko, accusing them of concluding an agreement with competitors on the increase of the retail prices of certain brands of vodka in 2009. The defence counsel of Liviko, TARK GRUNTE SUTKIENE partner Erki Kergandberg noted in court that he understood the charges in grammatical terms but Liviko did not plead guilty. Mr Kergandberg added that the charges brought by the prosecutor were groundless and Liviko had neither concluded any agreement with any competitor nor engaged in concerted practices. The defence attorney for the supermarket chain Selver, TARK GRUNTE SUTKIENE senior associate Elmer Muna, said that the charges were vague and there was no evidence. He added that Liviko and Selver as members of the same group were allowed to discuss matters between themselves. “In my opinion the charges are unfounded”, Mr Muna said.

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