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Cases to Remember this Christmas

The holiday seasons are a crazy time, renowned for odd consumer behaviour and odder road behaviour. One might imagine a number of cases arising over the Christmas vacation to do with those two things. However, there are a number of important other cases that are worth keeping in mind as you ready yourself for a hot and sunny Christmas holiday. The Laws of Australia Legal Editor, Geraldine Kurukchi, has searched far and wide to bring you the juiciest of those cases, outlined briefly below.

Dance, but don't dance too hard...

In the case of Wolmar v Travelodge Australia Ltd (1975) 26 FLR 249, an employee was injured when she stumbled off the edge of a portable dance floor at her employer’s Christmas party. This was found to be connected with work in the course of employment. See Subtitle 26.8 “Occupational and Work Health Safety”.

Be careful what you pay for this Christmas...

In Australian Competition & Consumer Commission v Allans Music Group Pty Ltd [2002] FCA 1552, a Christmas catalogue was found to contain false or misleading representations about price, because the catalogue used “was”/”now” dual price labels when the “was” prices were never charged. See Subtitle 35.3 “Improper Business Practices”.

As you tuck into your Christmas turkey...

Spare a thought for those poor people who have to work on Christmas Day. In Pietraszek v Transpacific Industries Pty Ltd [2011] FWA 3698, Transpacific Cleanaway was contractually required to provide services every day including public holidays. The Fair Work Commissioner found its request for a driver to work on Christmas and Boxing Days was reasonable. See Subtitle 26.3 “Federal Industrial Relations System in Operation”.

Santa takes an ad break...

Did you know during World War II, the High Court in Ferguson v Commonwealth (1943) 66 CLR 432 held that the defence power in s 51(vi) of the Constitution empowers the government to restrict Christmas and New Year advertising? See Subtitle 19.5 “Federal Constitutional System”.

Making your own Christmas cards?

Remember that Christmas card designs are protected by the Copyright Act 1968 (Cth), so no rip-offs please! See Subtitle 23.1 “Copyright”.

For more information about The Laws of Australia, click here.

shannontylerkelly
By Shannon Kelly

Shannon Kelly is a Senior Legal Editor with The Laws of Australia encyclopaedia and the Product Editor of the Criminal Law Journal and Company and Securities Law Journal.

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