Latest publications
How to avoid paying for employee non-work related injuries
In Brief Employers are increasingly becoming aware that allowing an employee to return to work after suffering an injury, especially a non-work related one, can be risky business. If an employee returns to work before they are fit to do so and consequently aggravates his or her condition, the employer may find…
e‑Conveyancing — The “e” stands for “exciting”!
In Brief Anyone who has discovered the highs and lows of dealing with exchange and settlement in relation to real property knows how delicate and unreliable the process can be. Enter e‑conveyancing. Wendy Conceicao, Associate and manager of our Conveyancing portfolio, and Euge Power, solicitor, look at the reliability and other…
Germany bans employers from contacting employees outside of work hours
In Brief It has been reported that in July 2013, German born Chief Executive of Swisscom, Carsten Schloter, sadly committed suicide just weeks after providing a candid interview to the Swiss media which provided an insight into the increased pressures and stress he felt caused by modern communication systems. In one media…
$105,000 awarded for defamatory tweets
In Brief The District Court of NSW has ordered a Defendant who posted defamatory statements on Twitter and Facebook about a local school teacher, to pay $105,000 in compensatory damages .This decision, the first of its kind in Australia, sends a clear message that personal attacks using social media will not be tolerated. The Facts…
Selling a property with a pool? Dive right into compliance
In Brief Just because summer has come to an end doesn’t mean it’s time to forget about your swimming pool for the year. As at 29 April 2014 all properties listed for sale or for lease with a swimming pool (including strata properties if there is a pool in the common property) must…
Can a Change in Required Skills and Competencies Make an Existent Role Redundant?
IN BRIEF The Full Bench of the Fair Work Commission has recently concluded that where an employer wants to increase the skill level of a particular role for operational based reasons, it may do so by making the existing position redundant and replacing it with a new position that meets the businesses operational…
Strange Bedfellows — Minimising risks in Post Merger Integration
In Brief Recent studies have shown that close to 50% of post merger integrations fare poorly. While there are no hard and fast rules that will guarantee a successful merger, in this article we look at the risks involved and some of the ways to minimise those risks and ensure a greater likelihood…
What is the role of the support person in a disciplinary meeting?
Employers usually know that they have to allow an employee to have a support person accompany them whilst they are being counselled. However, what is less clear is the role of that support person in the meeting. Last week, the Full Bench handed down a decision that clarified what the role of the…
Controversial comcare case draws a line for workers’ compensation claims
In Brief In a decision which has divided legal opinion, the High Court has made a ruling as to what is meant by the expression “in the course of employment”. The High Court considered this expression in the case of Comcare v PVYW [2013] HCA 41 in the context of a workers’ compensation claim brought by…
Tenants beware — High Court confirms liquidators of landlord companies can disclaim leases
In Brief The High Court has recently confirmed that the liquidators of a landlord company are able to disclaim a lease, with the effect of terminating the leasehold interest of the tenant. The High Court decision of Willmott Growers Group Inc v Willmott Forests Ltd (Receivers and Managers Appointed) (In Liquidation) concerned an appeal to…