Latest publications
Adverse action — the new unfair dismissal
In Brief Employees who do not fit within the scheme of unfair dismissal, either because they are in their qualifying period or because they earn over the high income limit of $108,300, are permitted by the Fair Work Act to bring an even more serious claim related to adverse action. What…
Welcome to the .CO era — The .CO domain name extension
In Brief Businesses throughout the world are able to protect and expand their brand by registering a new domain name, in the .CO domain. This is different to the existing .com and .com.au domains. Colombia opens up .co domain .CO is currently the country code domain for Colombia. However, recent surveys show most…
Part payment of debts — should you deposit that cheque?
In Brief Can a debtor make a part payment of a debt and stipulate that by banking the cheque, the creditor accepts that the debt has been paid in full? Cheques for partial payment of debts Sometimes, our clients who provide goods and services receive cheques for less than the amount owed. On occasions, thankfully rare, the…
Marriage, divorce and separation — when should you change your will?
In Brief Marriage, divorce and separation are all events which require you to change your Will. Marriage If you marry it is imperative that you make a new Will. If you marry after you have made a Will, the Will is automatically revoked (or cancelled). The only exception to this rule is if the…
Paid parental leave legislation, unpaid leave and flexible work arrangements under the Fair Work Act
In brief — paid parental leave A paid parental leave scheme was introduced into parliament on 12 May 2010. It passed the Senate on 17 June 2010. The scheme commences on 1 January 2011. Continuing entitlement to unpaid leave and flexible work arrangements The Fair Work Act enshrines the right of employees who give…
Marriage, divorce and separation — when should you change your will?
In Brief Marriage, divorce and separation are all events which require you to change your Will. Marriage If you marry it is imperative that you make a new Will. If you marry after you have made a Will, the Will is automatically revoked (or cancelled). The only exception to this rule is if the…
Marriage, divorce and separation — when should you change your will?
In Brief Marriage, divorce and separation are all events which require you to change your Will. Marriage If you marry it is imperative that you make a new Will. If you marry after you have made a Will, the Will is automatically revoked (or cancelled). The only exception to this rule is if the…
Dividing the larger and smaller assets of the marriage or relationship after divorce or break-up
In Brief — Dividing the assets of a relationship It is important to obtain a valuation for large assets and to bear in mind any future liability which may attach to them. For the division of smaller assets, it is generally better to agree on a division with your ex-partner whenever possible, avoiding…
The right to inspect a Will without a court order and prior to probate being granted
In brief — Access to Wills under the Succession Act Since the Succession Act was introduced in NSW, provisions have been in place entitling certain people to inspect Wills. This is the case prior to probate being granted and without a court order. Anyone holding a Will on behalf of a deceased person must…
In-house counsel and legal professional privilege — Are your internal communications protected?
In a recent survey of in-house counsel, well over half of respondents identified legal privilege as the biggest problem area they faced in their role. What is legal professional privilege? Legal professional privilege, also known as client legal privilege, is defined as a legal right that protects from disclosure confidential communication between a lawyer and…