Latest publications
Matching Parenting Orders to Risk: Crafting orders to properly address the dangers in a family law matter
The focus of any parenting matter being dealt with in the Federal Circuit and Family Court of Australia is what orders are in the best interests of the child. To determine what is in the best interests of the child, the Court must consider all of the evidence presented in…
Amendments to NCC 2022 commencing on 1 May 2025
BackgroundThe Australian Building Codes Board (ABCB), a joint initiative of the Commonwealth and state and territory governments together with the building and plumbing industries, is responsible for the National Construction Code, WaterMark and CodeMark Certification Schemes, and regulatory reform in the construction industry. One of the ABCB’s primary roles is to update and maintain…
Choose Your Own Respondent in General Protections Dismissal Disputes
Usually when one party is taking legal proceedings against another the respondent entity needs to be carefully identified. It can be fatal to the proceedings if the wrong entity is sued. This stands to reason given the adverse consequences that can flow from litigation. There is usually a process by which…
Residential Tenancies Act 2010 (NSW) reforms and obligations of landlords — effective from 19 May 2025
IntroductionThe Residential Tenancies Act 2010 (NSW) (the Act) and the Residential Tenancies Regulation 2019 (NSW) (the Regulations) have undergone some significant changes following a prolonged and extensive consultation period with property management stakeholders. These changes have generated a lot of buzz as they seek to improve the rights of tenants in NSW and…
Failing to Register a PPSR Security Interest on Time – Legal Risks and Options
IntroductionTimely registration of security interests under the Personal Property Securities Act 2009 (Cth) (PPSA) is essential for secured creditors to protect their rights. Failure to register within the prescribed timeframes can result in the creditor losing priority to unsecured creditors in the event of insolvency.While creditors who have failed to register…
Construction contracts are more than just a document — remove contractual clauses at your peril
Your construction contract will map out the pathway to your building project completing on time and within budget and detailing how any losses and risks are handled. It is an essential tool in managing and shifting risk during the construction phase and importantly, lays out the rules if a dispute arises. The chances…
Federal Budget 2025: Limitation on Non-Compete Clauses
As part of the 2025 Federal Budget, the government has announced a prohibition on non-compete clauses for employees earning less than the high income threshold (presently $175,000 per annum). It is planned that the change will take effect in 2027. There is nothing for employers to do at the moment, although both business…
FWC Sets Bar High for Policy Changes
In the recent unfair dismissal decision of Craig Hancock v Sydney International Container Terminals Pty Limited [2025] FWC 516, Deputy President Wright of the Fair Work Commission (FWC) set the bar high for employers wanting to rely upon policies, or changes to policies, to terminate employment, even when those policies relate to…
When is a loan really an Option Fee? And when is an Option a Contract?
It certainly is not news to those of us who deal in the property development space that Revenue NSW now imposes transfer duty (or for those of us who have come from the old school – stamp duty) on the grant of an option to purchase. These laws also impose…
Dismissal and Damages for Psychiatric Injury: A Contractual Trap
In the recent decision of Elisha v Vision Australia Ltd [2024] HCA 50 the High Court of Australia held that damages for psychiatric injury were available to an employee in circumstances where the injury arises from the manner of the employee’s dismissal. In this case the employee was awarded close to $1.…