Latest publications
Fair Work Commission rules out new approach to individual dispute
A New Approach Section 576(2)(aa) of the Fair Work Act (Act) confers upon the Fair Work Commission (FWC) the function to promote ‘cooperative and productive workplace relations and preventing disputes’. Pursuant to this provision, the FWC has implemented a jurisdiction called ‘New Approaches’, which has the aim of assisting employers, employees and…
Change the rules – which ones? What businesses need to know about Labor’s employment policy
The Federal Election is less than two weeks away and the Australian Labor Party (Labor), has announced a robust and ambitious reform agenda. Within this reform agenda are key changes to the Australian Fair Work régime, and the question arises as to how will these changes impact Australian businesses if Labor…
Gaining control — what you can do under the new strata renewal legislation
Although Part 10 of the Strata Schemes Development Act 2015 commenced on 30 November 2016 (Part 10), the intricacies of the technical workings of Part 10 have still not been fully tested or considered by the Courts. This is testament to the fact that Part 10 requires a lengthy, convoluted and highly…
The problem with informal Wills
In NSW, section 8 of the Succession Act 2006 (NSW) (Act) lets the Court dispense with the formal requirements for a will. However, it would be imprudent to rely on this provision (and state and territory equivalents if you are outside of NSW). It is always best to comply with the formal…
When a distributorship ends – who gets the naming rights?
Introduction When an exclusive distributorship between an overseas principal and an Australian distributor ends, the issue of the ownership of intellectual property generated or used during the distribution period should logically be addressed in the distribution agreement. Unfortunately, this issue is often not addressed adequately and disputes can arise between…
The construction industry, current state of play in NSW
There has been a flood of articles and commentary from all corners of the construction industry since the highly publicised ‘Opal Towers’ incident. This article is not intended to posture again over the potential rights of the Opal Tower residents (questions which many strata owners have faced before) but to look…
Priority Notices: Prudent or Impractical?
With the deadline for mandatory e‑conveyancing fast approaching, conveyancing in New South Wales has unequivocally entered the digital age. And while the change from ‘paper’ conveyancing to online platforms gives practitioners the opportunity to streamline their services and potentially pass on costs savings to clients, it also creates new potential problems…
A Will with no beneficiaries? An expensive mistake
Consulting a lawyer might seem expensive to some. A defective Will, however, can prove even more costly. Will making is a significant component of later life planning, and in nearly all situations will require professional legal advice. On a basic level, legal advice should ensure that the Will itself is a legally sound document and will…
Unfair Dismissal – Confidentiality no excuse for failure to consult on redundancy
A recent decision in the Fair Work Commission has shone a light on a dilemma which employers face when managing redundancies in the context of a confidential business acquisition. The dilemma is, at what point in time should the employer disclose to staff the impending acquisition and its likely impact upon their continuing…
Superannuation and relationship breakdown
The Australian Financial Review recently ran an opinion piece (by Tim Mackay) on the ATO announcing that it is using a “top 100 SMSF” list to “target aggressive tax planning arrangements.” The top 100 SMSFs reportedly control a combined $8 billion. Superannuation is a tax effective way to save for retirement, and while…