Publications


The right to request flexible working arrangements following a period of parental leave

26/08/2010

ViewThe right of employees returning from parental leave to request flexible working hours is posing problems for many businesses trying to maintain service delivery levels for customers.

In-house counsel and legal professional privilege - Are your internal communications protected?

12/08/2010

ViewIn a recent survey of in-house counsel, well over half of respondents identified legal privilege as the biggest problem area they faced in their role.

EU court clarifies trade mark infringement in use of Google AdWords

11/08/2010

ViewA recent European court decision has caused European companies to think carefully about the type of keywords they use in their Google AdWords campaign.

Can you develop that land? Restrictive covenants on title can stymie a development application

11/08/2010

ViewIt is incorrect to assume that very old restrictive covenants are necessarily invalid, or that if the council has approved a development application, the building can be built.

Relationships Register in New South Wales - What you need to know

11/08/2010

ViewFrom 1 July 2010, couples in New South Wales are able to register their relationship with NSW Registry of Births, Deaths & Marriages.

Paid parental leave legislation, unpaid leave and flexible work arrangements under the Fair Work Act – Practical tips

11/08/2010

ViewA paid parental leave scheme was introduced into parliament on 12 May 2010. It passed the Senate on 17 June 2010. The scheme commences on 1 January 2011.

Defamation - Q & A

11/08/2010

ViewDefamation law is all about protecting reputation. Where a person has published something whether orally or in permanent form about somebody else to a third person or persons which is defamatory, then the person defamed may have an action in defamation.

Computer security and confidentiality - precautions to take on separation or divorce

11/08/2010

ViewAnyone who is separating or has separated from their partner needs to take immediate steps to ensure the security of their computer and other digital devices.

Swaab founding member of sustainability alliance

6/08/2010

ViewSeven of Australia’s top law firms have formed a new industry-led association with a mission to work collaboratively to promote sustainable practices across the legal sector.

Swaab in Keeping Good Companies

2/08/2010

ViewSwaab Attorneys Associate Jason Hadassin discusses corporate governance conflicts in sport.

First steps to reform Australian privacy laws

20/07/2010

ViewThe government has taken the first formal step to update our laws that protect personal (or private) information in accordance with the Australian Law Reform Commission recommendations by issuing a draft Bill & explanatory guidelines for public comment

Swaab in Lawyers Weekly

15/07/2010

ViewSwaab Attorneys is proud to announce that the firm has succeeded in being ranked amongst the finalists in two categories in the inaugural Icon Awards, developed by Lawyers Weekly magazine to acknowledge the best talent in the legal profession.

Reasons for varying the amount to be paid for child support under the Child Support (Assessment) Act

15/07/2010

ViewThe Child Support Agency has produced a plain English document setting out ten possible reasons for varying child support payments.

Marriage, divorce and separation - when should you change your will?

15/07/2010

ViewMarriage, divorce and separation are all events which require you to change your Will.

Harmonisation of law and practice on personal property securities under the Personal Property Securities Act 2009 (PPSA)

15/07/2010

ViewThe Personal Property Securities Act is expected to commence in May 2011 and will have a dramatic impact on the Australian legal landscape. It draws on similar reforms in New Zealand, Canada and the USA.

Corporate governance for small-to-medium enterprises (SMEs)

15/07/2010

ViewMany SMEs consider that corporate governance is only relevant to large companies. However, good governance presents major advantages for all companies, especially when raising capital or selling the business.

Patentability of business methods in the USA- the Bilski case

15/07/2010

ViewTests for patentability developed in the Industrial Age may not be adequate for determining patentability in the Information Age.

Buying and selling real estate - How the unfair contracts legislation may change your contract

15/07/2010

ViewThe Legislation applies in negotiations where one party is a company and the other an individual. It provides that contract clauses may be void if they are ‘unfair’ and they are contained in a consumer contract.

Swaab in Climate Control News

23/06/2010

ViewSwaab Attorneys property partner Mary Digiglio discusses the mandatory disclosure of the energy efficiency rating of commercial office buildings which are to be sold, leased or subleased in Climate Control News.

Family Law Financial Agreements

17/06/2010

ViewThe Family Law Act allows married couples (and certain de facto couples) who have reached agreement regarding financial matters to have their settlement documented either in court orders or in a Financial Agreement.

ATO issues statement on Bamford Case

17/06/2010

ViewLast month we discussed the High Court decision in the Bamford case. We highlighted that the ATO was expected to issue a Decision Impact Statement in the near future. The ATO has now done so with its statement dated 2 June 2010.

New property tax on purchases - update - when, what & how much?

17/06/2010

ViewThe new property 'tax' is now a reality. Here are the important points you need to know.

Family constitutions - how to prevent problems before they happen

17/06/2010

ViewRunning a business is hard enough without the additional pressures of family issues and generational changes. A family constitution can resolve these issues before they occur, and ensure that business matters and family affairs are aligned.

Adverse action - the new unfair dismissal

17/06/2010

ViewEmployees who do not fit within the scheme of unfair dismissal, either because they are in their qualifying period or because they earn over $108,300, are permitted by the Fair Work Act to bring an even more serious claim related to adverse action.

Welcome to the .CO era - The .CO domain name extension

17/06/2010

ViewBusinesses throughout the world are able to protect and expand their brand by registering a new domain name, in the .CO domain. This is different to the existing .com and .com.au domains.

NSW budget implications for property

17/06/2010

ViewThe NSW state budget delivered in June 2010 announced certain exemptions and concessions to stamp duty on property, as well as a new tax on property purchases.

Part payment of debts - should you deposit that cheque?

17/06/2010

ViewCan a debtor make a part payment of a debt and stipulate that by banking the cheque, the creditor accepts that the debt has been paid in full?

A new tax on the sale of property in NSW just as the market shows signs of recovery

20/05/2010

ViewA new land transfer tax in NSW will be payable by the purchaser. It will be set at 0.2% for properties from $500,000 to $1 million and at 0.25% for properties over $1 million.

Essential estate planning

20/05/2010

ViewRegardless of their age and their personal circumstances, all Australian adults should have at least three documents in place to safeguard their interests in the event of incapacity and to distribute their assets in the event of their death.

New credit laws - Residential property investment transactions may now be caught

19/05/2010

ViewThe National Consumer Credit Protection Act 2009 is now in force and the timeline for compliance has started.

Hollywood studios lose to ISP iiNet in copyright authorisation case

19/05/2010

ViewHollywood studios have appealed the recent landmark Federal Court decision that found internet service provider (ISP) iiNet not liable for copyright infringements by its customers.