Latest publications
Right to toilet break a relief for employees
In the recent decision of Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty Ltd [2020] FCA 1258, an Australian court (namely the Federal Court) has, for the first time, held that employees have a workplace right to use the toilet and drink water while at work. This determination was made…
Your website users could expose you to copyright infringement
Your website is under your control and you should ensure that all the material which you place on your website does not infringe the copyright of others. Regular auditing of your own website content is therefore advisable to avoid copyright infringement. However, in certain industries, such as personnel, education and…
Intellectual Property in a Cyber World
Intellectual property is the legal asset in innovation. The value of innovation to a business depends on the extent to which that innovation is directed to the needs of the relevant market. If an innovation meets that need effectively and uniquely, it can provide that business with substantially increased revenue and…
Can we build better buildings in NSW?
The construction industry in New South Wales is in crisis and has been at an impasse for a prolonged period of time. The question as to why we have so many building defects, particularly in multi-storey residential apartment buildings, was being asked long before the Opal and Mascot tower disasters and…
NSW Construction Industry Reform
The NSW Building Commissioner, David Chandler OAM, is at the ready with ‘boots on the ground’, to ‘rid the industry of dangerous builders, developers and certifiers’ and improve consumer confidence in the buying of residential apartments in NSW with the commencement on 1 September 2020 of the Residential Apartment Buildings (Compliance…
Family Law | Arbitration vs Mediation, weighing up what is right for you
There are various options available to assist parties to resolve their Family Law dispute outside of litigation, including mediation and arbitration. This article provides an overview of both options to assist you to consider what may be suitable to resolve your dispute. Arbitration Family Law Arbitrations have been available to parties…
Claiming to be a modern-day Mr Darcy was no defence to sexual harassment
In the recent matter of Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126 (Hughes v Hill), the Full Court of the Federal Court of Australia rejected a categorisation of conduct by a lawyer towards his employee as romantic gestures akin to those of the well-known literary figure, Mr Darcy, rather…
First 30 days | Hardings integration
To our valued clients and friends As most of you will already know, as of the 1 July 2020 the staff of Hardings Lawyers joined Swaab in their newly refurbished offices. With Covid-19 still having a major impact on office attendance with WFH arrangements and Partners and staff being on a roster system to attend…
Addressing Building Defects in Strata Schemes
Legislative obligations and functions for a strata scheme can be overwhelming in the first few years and it may take time to establish a functioning strata committee. Obviously, the thought of defects in a strata scheme are not what is on a lot owner’s mind having just purchased a new unit. However, with strict time…
Abuse from the Anti-Mask ‘Activists’: The Obligations of Employers
One very recent and unwelcome phenomenon during the Covid-19 pandemic in Australia has been the emergence of the anti-mask “activists” (often described using the recently minted pejorative “Karen”). Media reports (largely based on social media posts) suggest they are especially prevalent in Victoria, where masks in public have been made…