Latest publications
Our most popular articles published during 2019
We are almost at the end of 2019, and with the end of a year comes the opportunity to reflect on our most popular articles published during the year:Deeds of Release and their effectiveness – update 2019 | Richard Ottley | Employment LawFair Work Commission – When will the Full Bench entertain an…
Cyber or Online Abuse During and After Separation and Helpful Tips
Technology facilitated violence and abuse is a serious issue. When people separate it is not uncommon for a disgruntled spouse to turn to social media such as Facebook to vent their unhappiness. But when does the use of social media in this manner become something more? In this publication, we discuss Cyber Abuse…
5 times to review your estate planning
As the holiday season approaches and travel plans are made, many people consider it the right time to update their estate planning. In addition to reviewing your estate planning before you travel, we take a look at five significant life events that should prompt you to review and update your estate planning.MarriageMarriage…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties
Last week, Jose Feliciano’s festive staple ‘Feliz Navidad’ was played on the radio. Before long, neighbours in certain suburban streets will be competing to see who can put up the most impressive (or garish) Christmas lights, re-runs of ‘Love Actually’ will be broadcast on TV with increased frequency and Christmas…
Alert | Designers and Building Practitioners
“Sometimes the wheel turns slowly, but it turns” [1]It is taking some time, but slowly and surely it appears we are seeing the recommendations put forward in the Shergold Weir Report [2] being actioned.With the Shergold Weir Report released in February 2018 and the NSW Government’s Response to the Shergold Weir…
Fair Work Commission – When will the Full Bench entertain an appeal?
A question often asked by employers facing an unfair dismissal claim is, what happens if the matter cannot be settled? Whilst the vast majority of unfair dismissal cases are resolved at conciliation, some proceed to a hearing. On rare occasions they find their way from a hearing before a single Commissioner to the…
Disagree with a valuation by jointly instructed single expert? What not to do!
The Family Law Act 1975 (Cth) sets out the general principles the Court will consider when determining financial disputes after separation. The general principles are the same regardless of whether the parties were married or in a defacto relationship.The first question the Court needs to determine in an application for property…
Fair Work Commission criticises time-wasting unfair dismissal applications
In a recent decision, Diane Porteous v G. Kakafikas and A.G. Bek partnership t/a Yarra Glen Pharmacy [2019] FWC 6264, Deputy President Colman of the Fair Work Commission (Commission) has criticised applicants who commence unfair dismissal proceedings and then don’t take the necessary steps to prosecute their claim. The Case The Applicant worked…
Genuine redundancy or unfair dismissal? The difference could be in the consultation
When it comes to terminating employees due to changes in operational requirements, compliance is key, including compliance with relevant provisions in the Fair Work Act 2009 (Cth) (FW Act) and any applicable modern award or enterprise agreement. As a growing body of case law demonstrates, failure to genuinely engage with the procedures…
It’s almost time: Amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) to commence on 21 October 2019
The Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) is about to undergo some changes. Those changes will apply to construction contracts in New South Wales entered from 21 October 2019. What are the changes?Reference dates are goneThere are no more reference dates. The concept of a ‘reference date’ will…