Latest publications
An Employee’s Commute Thwarts an Employer Commuting Redundancy Pay
In the recent Fair Work Commission (FWC) decision in Australian Footwear T/A Diana Ferrari [2018] FWC 7864 the employer, a business trading under the name Diana Ferrari, applied to the FWC to vary the redundancy amount payable to an employee, Ms Tzortzis, whose employment was terminated on the basis of redundancy…
We can’t agree about our child’s religion. What will the Court do?
In determining parenting arrangements for children, the Court’s paramount consideration is to make Orders which are in the best interest of the child. There are a number of different factors the Court will look at, in determining what arrangements are in a child’s best interests. Generally, a child’s religion is a matter for parents to…
A Real Deal: An Unfair Dismissal Settlement Goes Wrong
We had a deal! An employer asserts an unfair dismissal case has been settled. The Applicant contends no such settlement has taken place. How can the employer resolve the matter? One avenue potentially open to employers is section 399A of the Fair Work Act (FW Act) which is in the following terms: “Dismissing…
A Review of Women at Work in 2018
With 2018 coming to a close, an opportunity exists to reflect on the social, legal and political issues that defined the year. The year of 2018 sits between the 2017 outpouring of #metoo stories, and the pending federal election of 2019. For that reason, 2018 has been both empowering and difficult…
‘Tis the season: a word about gifts in your family law property settlement
It’s the time of year where most of us are busily engaged in buying last-minute gifts for our friends and loved ones, looking for that perfect gift. For some of us, that will involve very generous gifts to our family members, perhaps of money for a house deposit, a car, a lovely piece of…
Informal Property Settlements: When will the Court decline to make Property Settlement Orders?
The recent appeals decision in the matter of Horrigan & Jennings [2018] FAMCAFC206 has highlighted the willingness of the Court to decline to make property settlement Orders, where it is not just and equitable to do so. In this somewhat unusual matter, the parties were in a de facto relationship from 1987, with…
Modern Award changes 2018 / 2019- Implications for employers
Employers face the constant challenge of trying to keep up with the pace of change to the industrial relations landscape. 2019 will prove to be no exception. Following the Fair Work Commission (FWC) four-yearly review of Modern Awards, there have been a wide range of changes to some key Modern Awards, including…
The Role of Expert Evidence in Family Law
If you are separated and looking to obtain a final property settlement, the very first step you will be required to take is to identify the matrimonial asset pool. This involves identifying each of your respective assets, liabilities, financial resources and superannuation interest in order to ascertain the net assets that…
But What Does It Mean? Interpreting Binding Financial Agreements
Parties generally enter into Binding Financial Agreements at the beginning of a relationship, to protect the assets they bring into the relationship, and to govern how assets acquired after the commencement of the relationship are to be divided, in the event the relationship breaks down. While these Agreements are supposed to make…
You say tomato, I say tomahto: The battle of the forms and building contracts
Introduction In the recent decision of Stepanoski v Aslan [2018] NSWSC 1160, the New South Wales Court of Appeal had to grapple with whether: (a) the parties involved were bound by the first building contract that they signed; or (b) whether the subsequent contract, which was signed by the parties later and backdated…