Latest publications
Employment law myth No.5: “If they’re not performing well, I can extend their probation”
Over the next few weeks, we’re dispelling some commonly held employment law misconceptions, in a series of short articles. Warning – may contain spoilers! Many employers consider that starting new employees off on an initial probationary period is a useful way to assess their suitability for the role, before deciding to offer them…
Workplace surveillance in NSW: having a computer surveillance policy is a mandatory requirement
There is a view in some businesses that the implementation of written workplace policies are something of a “nice to have” or an “optional extra”, and are ultimately a matter of choice for the employer. Whilst there may be no mandatory requirement to have a policy on many workplace matters, the situation in respect…
Do “outer limits” employment contracts have a future?
Introduction The offering of a series of “fixed term” contracts to employees (often by the use of “outer limit” or “maximum term” contracts), has been seen as an attractive strategy for employing persons and then having their employment terminate without attracting the unfair dismissal provisions of industrial relations legislation. An “outer…
Trade mark protection against parallel importers
When an overseas manufacturer exports to Australia, it may choose to set up a distributor in Australia under an exclusive distribution agreement. Unfortunately for the exclusive Australian distributor, unauthorised parties may source and sell in Australia genuine products which may have been originally manufactured and trade marked by the overseas manufacturer…
Is a “Transfer Granting Easement” enough to satisfy a deferred commencement condition?
Is a “Transfer Granting Easement” enough to satisfy a deferred commencement condition? Mauro Poletti v Inner West Council [2017] NSWLEC 1325 Why is Poletti important? This case confirms that registration of an easement is required to give certainty and it is reasonable for the easement to be required to be registered prior to the…
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’: Carlewie Pty Ltd v Roads and Maritime Services [2017] NSWLEC 78 Why is Carlewie important? The Applicant ran some interesting arguments on valuation approaches in this matter, and the Court has made it clear that section 5…
Construction related impacts should be considered in staged development applications
Construction related impacts should be considered in staged development applications: Bay Simmer Investments Pty Ltd v State of New South Wales [2017] NSWCA 135 Why is Bay Simmer important? Bay Simmer clarifies the interpretation of section 83B of the Environmental Planning and Assessment Act 1979. To be a staged development application, the application must…
A condition using the term “Applicant” can impose a restriction related to the identity of the user
A condition using the term “Applicant” can impose a restriction related to the identity of the user only – and may not “run with the land”: Dravin Pty Ltd v Blacktown City Council [2017] NSWLEC 38 Why is Dravin important? We are probably all a bit lazy about throwing around phrases like “in rem” and…
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’: Carlewie Pty Ltd v Roads and Maritime Services [2017] NSWLEC 78 Why is Carlewie important? The Applicant ran some interesting arguments on valuation approaches in this matter, and the Court has made it clear that section 5…
Employment law myth No. 1: “It’s illegal to give a bad reference”
Many people believe that giving a “bad” reference is somehow against the law.In fact, there is no general obligation at law to give an employee (or former employee) any sort of reference – good or bad. Where the law might intervene (for example in an action in defamation) would possibly be if…