Latest publications
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…
Protecting the Complainant v Proving the Case: A Difficult Balance
In recent years employers have placed greater importance on the protection of employees who raise allegations of misconduct or wrongdoing. This has been reflected in a range of ways including policies and protocols for dealing with whistleblower disclosures, prohibitions against victimisation or adverse action, the adoption of a trauma-informed approach to workplace…
The Right to Disconnect: Contact from Customers and Clients
There has been much coverage and discussion about the newly introduced right to disconnect, particularly the right of employees to refuse contact from employers provided such refusal is not unreasonable.One of the more challenging aspects of the right to disconnect, which has been overlooked in much of the analysis and…
What are you actually buying into when you buy a Strata Unit?
It is important to understand what you are responsible for and what you actually own when looking at buying into strata. You might be surprised.Usually, when purchasing an individual lot in a strata scheme, you are only buying the airspace of a lot, the internal surfaces of walls, floors, ceilings including internal walls…
5 clauses to look out for in your franchise agreement – they might be unfair
Changes to the unfair contract terms régime are in effect, and entering into any franchise agreement containing an unfair contact term or relying on an unfair contract term in a franchise agreement could come with significant penalties for franchisors. Both franchisors and franchisees should review their franchise agreements to ensure they do…
When it comes to wills, the dress code is formal
Learnings from Kemp v Findlay [2024] NSWSC 902Will formalitiesSection 6 of the Succession Act 2006 (NSW) (the Act) shows us how a will should be executed. A valid will must be in writing and signed by the testator, in the presence of two or more witnesses, with at least two of those witnesses to attest…
What to do when a loved one passes away
When somebody close to you dies, it can be a very challenging time. While dealing with the grief itself can seem overwhelming, there is also a list of administrative tasks to be taken care of – with some things needing to be done at very short notice after a person passes away.This article looks…
Using the Olympics in marketing can be legally risky
Three years (rather than the usual four) having elapsed since the COVID-deferred 2021 Olympic Games in Tokyo, Olympic fever has again struck in Australia as our talented athletes compete in the 2024 Paris Games.A major public marketing campaign is out in force on Australian streets and screens. Run by the Australian…
Statutory Duty of Care – Part 4 Design and Building Practitioners Act 2020 – ‘…the risk of harm was foreseeable… not insignificant…not far-fetched or fanciful’
On 5 July 2024, His Honour Justice Waugh handed down his decision in The Owners – Strata Plan 80867 v Da Silva [2024] NSWDC 263.Swaab, instructing William Marshall of 7 Wentworth Selborne Chambers, acted for the Plaintiff Owners Corporation in the proceedings, which were brought against Mr Da Silva (the Builder). The Builder…