Koffels E-Newsletter - Edition 24 September 2008

We would like to welcome you to the September edition of the Koffels E-Newsletter. We hope you find this publication informative and that it provokes consideration of some of the day to day legal issues you, or your clients might face.

If you require further information about any of the topics covered in any of our E-Newsletters or legal assistance generally please feel free to contact Ross Koffel on (02) 9283 5599

 

Transfer of Domain Names

Under the new auDA, the Australian Domain Name Administrator, policy which came into effect on 1 June 2008, domain name holders will now be able to transfer Australian Domain Names more freely.

Previously, as there are no proprietary rights in an .au domain name, it was not possible for domain name owners to 'sell' the domain name. The domain name owner instead holds a licence to use the domain for a specified period. Transfer of this licence under the previous policy was only possible in limited circumstances, such as in the course of a sale of a business, and was cumbersome.

The new auDA however has lifted these restrictions and now enables the domain name registrant to:

  • Offer or sell its domain name licence to another eligible entity, for any reason, and may list the domain name on brokerage sites; and

  • Transfer its domain name licence to another eligible entity for any reason.

However, the fundamental rule of the .au domain name registration, being that a person cannot register a domain name for the sole purpose of resale or transfer is not altered by the new policy. Accordingly, certain restrictions, including the previous policy preventing registration in bad-faith still apply to all transfer of Australian domain names.

A domain name owner is also prohibited from transferring the domain name licence within the first six month after registration.

Also, the eligibility criteria will continue to apply to new transferees, that is, the domain name must be an exact match to, or otherwise substantially connected to the applicant's registered business or company name or an Australian registered trade mark.

The new policy sets out standard wording that a domain name licence transfer application must now contain. The transfer will results in a new two-year domain, as before.

Parties interested in selling or purchasing an Australian domain name should still note that the registration of an Australian domain name is a contractual right to use the domain name and is not an intellectual property right.

If you require further information regarding domain names and intellectual property rights please contact our office for further assistance.

 

Sponsoring Employees - Employer undertakings

The Temporary Business (Long Stay) Visa - Subclass 457 is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis in a nominated skilled position.

Before sponsoring a potential employee, the employer should be aware that there are a number of obligations that they must be willing to meet. These include the following:

  • The Employer must be responsible for costs.

The employer is responsible for the cost of return travel for the employee and any accompanying family members, the cost of all medical or hospital expenses of the employee and any accompanying family member for treatment in a public hospital (other than those met by health insurance) and any other costs that the Australian Government may have incurred as a result of the employee's stay in Australia.

  • The Employer must comply with immigration laws.

This includes the obligation to pay the Minimum Salary Level (MSL) as required by the Department of Immigration and Citizenship. This is separate from requirements under industrial law. Employers should note that as of 1 August 2008 the MSL has increased by 3.8 per cent. This applies to not only new sponsored worker visa applications, but to all existing sponsored workers. Employers who have already sponsored overseas workers should review their salary to ensure that the employee is paid in accordance with the new MSL. Failure to meet the MSL is considered a breach of the Employer's undertaking.

  • The Employer must cooperate with the Department.

The employer is obliged to notify the Department of Immigration and Citizenship within 5 working days after a sponsored employee ceases to work for the sponsoring employer. Any change in circumstance that may affect the employer's capacity to honour its sponsorship undertaking must also be notified.

  • The Employer must comply with workplace relations law.

The employer must ensure that the employee holds any licence, registration or membership that is mandatory for the performance of their work. The Employer is also responsible for superannuation contributions, withholding or deducting tax instalments and ensuring that the employee is paid in accordance with Australian industrial instruments. If a relevant industrial instrument requires a higher salary or overtime rate than the MSL, then the employee is entitled to the higher payment.

Sponsoring employers are encouraged to continuously monitor changes in regulations as penalties may be sanctioned if they do not comply with these obligations.

 

More questions?

If you have any questions or would like to discuss any of the issues addressed in our E-Newsletters, please do not hesitate to contact us on 02 9283 5599 or email us at admin@koffels.com.au.

About the Firm

The firm commenced operation in 1990 when Ross Koffel decided to return to full time legal practice after 20 years in business as the Chief Executive Officer of a national advertising and film production company.

Today KOFFELS Solicitors and Barristers are a prominent boutique commercial firm located in the CBD Sydney.

KOFFELS has a reputation for being a hard and diligent negotiator and litigator.


Address: Level 9, 263 Clarence St, Sydney
Phone: (02) 9283 5599
www.koffels.com.au

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DISCLAIMER
The material in this newsletter is merely general commentary and the comments and information do not represent a legal or professional service. Advice should be sought from Koffels Solicitors and Barristers in relation to the circumstances of each matter before acting in this area.