Latest publications
Dismissal for Dissent?
The recent unfair dismissal decision of the Fair Work Commission, Shaun Turner v Darebin City Council [2025] FWC 1763, in which Deputy President Clancy held that the dismissal of an employee for, among other things, alleged comments in response to an Acknowledgment of Country before a ‘toolbox’ meeting, was unfair, has garnered…
Construction contract timeframes and their interaction with the NSW Security of Payment legislation.
Mark Glynn, Construction Partner at Swaab considers the recent decision of Sharvain Facades Pty Ltd (Administrators Appointed) v Roberts Co (NSW) Pty Ltd [2025] NSWSC 606TimeTime is an important aspect of the delivery of a building and construction project.A successful project contract not only specifies the time within which the works must be carried…
10 Tips For Strata Remedial Construction Contracts
Are you wondering why your strata work to repair or maintain your strata building is over budget, riddled with delays, plagued with costs overruns and variations at every turn?It is important to consider and follow these steps:Before tendering for the work to be done, have your building contract, consultancy agreement and/or separate…
OpenAI’s screenless future on pause amidst trade mark dispute
BackgroundIn early May, OpenAI surprised the tech world with news of an estimated $6.4 billion partnership and acquisition involving “io”, a new venture led by renowned designer Sir Jony Ive. Ive is best known for creating iconic Apple products like the iPhone and Apple Watch. The collaboration aims to develop a groundbreaking…
Important Strata Law Changes — Effective 1 July 2025
The Strata Schemes Legislation Amendment Act 2025 (Amending Act) introduces further reform in Government’s ongoing review of the strata legislation. On 1 July 2025, the second tranche of changes under the Amending Act commenced, which will impact or give effect to the following: enhanced protection of owners corporations from strata managers, building managers and others…
Owners Corporations / Associations now subject to Unfair Contract Terms
Under the new strata law reforms commencing 1 July 2025 (the Strata Schemes Legislation Amendment Act 2025 (No. 14) NSW) a key change that will impact owners corporations and associations[1] are the unfair contract terms (UCT) provisions.In line with Australian Consumer Law, UCT will now be banned and will apply to:contracts for a supply of…
Unfair contract terms in outdated standard form contracts could cost you a fine of $50 million (Companies) or $2.5 million (Individuals)
If you have not reviewed your standard form construction contracts since 9 November 2023 (when the amended Competition and Consumer Act 2010 (Cth) – Schedule 2 (ACL) became effective), you could be at risk of any/all unfair contract terms being declared void and having to pay a penalty. This means that:Any standard form contract…
Important Workplace Relations Changes Effective 1 July 2025
Employers and employees alike should be aware of important changes in the workplace relations arena, effective 1 July 2025. From that date:the high income threshold for unfair dismissal claims will increase to $183,100 per annum (from the present $175,000 per annum) and the compensation limit will be $91,550 (equivalent to 6 months of the revised high income threshold amount) for dismissals…
Current state of the construction and infrastructure market
The building and construction industry is significant and complex, with a landscape which is constantly changing.It is currently characterised by: significant public investment in national infrastructure with a $213 billion pipeline over 5 years to financial years 2027 – 28planning approval delays particularly in NSWhigh costs of constructioncontinuing and increasing construction related insolvenciesa chronic shortage of housinga…
Q&A with Swaab's new building and construction partner, Mark Glynn
Why did you choose Swaab?When I first met with Mary Digiglio, Swaab’s managing partner and Helen Kowal, partner construction and strata and thereafter the broader Swaab leadership group, I felt an immediate alignment with their values and commitment to client service.Our moral compasses were aligned, and this was the most important factor in my…