Latest publications
When is a loan really an Option Fee? And when is an Option a Contract?
It certainly is not news to those of us who deal in the property development space that Revenue NSW now imposes transfer duty (or for those of us who have come from the old school – stamp duty) on the grant of an option to purchase. These laws also impose…
Dismissal and Damages for Psychiatric Injury: A Contractual Trap
In the recent decision of Elisha v Vision Australia Ltd [2024] HCA 50 the High Court of Australia held that damages for psychiatric injury were available to an employee in circumstances where the injury arises from the manner of the employee’s dismissal. In this case the employee was awarded close to $1.…
Valentine’s Day in the Workplace (2025 Edition)
Valentine’s Day, the celebration of romance and romantic love, takes place annually on February 14.While many assiduously avoid what they consider to be a crass commercialisation of intimate relationships, other embrace with relish the opportunities it presents to either affirm or pursue romance,A few years ago, extensive media coverage (usually with accompanying commentary…
The Employment Reality of TV Fame (2025 Edition)
Reality television shows thrive on intrigue and drama. A key component of successful reality TV shows is the contestant viewers love to hate; the villain who, for a brief period of time, becomes Public Enemy No. 1. Of course, being cast in that light on a TV show can damage the reputation of…
Australia Day Substitution: The Legal Issues (2025 Edition)
It has been reported that some of the largest employers in Australia, including Telstra, Commonwealth Bank and AustralianSuper, are giving employees the option of working on Australia Day (January 26) and taking that public holiday at another time. This development in recent years has arisen from both a general trend towards flexibility in…
Validity, voidability and unenforceability in contract law
If you have entered into a contract, you or the other party have drafted without legal assistance, you should consider some of the unintended serious consequences that can arise, including where a contract or a term in a contract is void, voidable or unenforceable. There are differences between validity, voidability and unenforceability. This article…
Navigating Priority Disputes under the PPSR: Pathways and considerations for Secured Parties
The Personal Property Securities Register (PPSR) serves as a vital framework for establishing and protecting interests in personal property in Australia. However, disputes regarding priorities under the PPSR can lead secured parties into complex administrative and judicial review processes. The resolution options available under the Personal Property Securities Act 2009 (PPS…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (2024 Edition)
It’s that time of year. The ‘Silly Season’. For many organisations, the official employer Christmas party is imminent.The starting point for office Christmas parties is that they are an extension of the workplace — employers need to carefully balance holding and facilitating a fun event with maintaining a safe, respectful environment for employees.Balancing the…
Secret Recording by Employees: An Own Goal
In the recent unfair dismissal decision Karen Altham-Wooding v PKDKAdventures Pty Ltd [2024] FWC 2753, the Fair Work Commission (FWC) affirmed its previously stated disapproval of employees making secret recordings of meetings with colleagues. In this case, once Deputy President Saunders had determined the initial question of whether there had been a dismissal of…
The Effective End of Probationary Periods?
BackgroundEven though the recent Federal Court judgment of Justice Nicholas in Dabboussy v Australian Federation of Islamic Councils [2024] FCA 1074 was interlocutory, it has nevertheless attracted much interest. This interest is warranted. The employer in the case did what many employers have done – terminated employment just before the employee…