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Swaab Connect - July 2017

In this edition of Swaab Connect we congratulate James Skelton on being announced as a finalist for the 'Young Gun of the Year' in the Lawyers Weekly Australian Law Awards. Eric Ziehlke also shares his first LinkedIn blog 'Treasure your business reputation' in which he reflects on his experience in marketing when examining the true value of Intellectual Property. We also feature 3 news articles. Firstly, James Skelton and Esther Khoo provide an Australian IP perspective on Beyonce and Jay-Z's trade mark registration for their new born children. Our second article from Partner, Richard Ottley is focused on Redundancy and defending claims for unfair dismissal. Our final article is from Family Associate, Monique Robb and looks at what a parent must do following separation if they would like to move away with their children.

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Swaab Connect - June 2017

Our June edition of Swaab Connect features the announcement of Swaab's new IP fixed fee service. Eric Ziehlke and Esther Khoo share their top 5 tips for protecting your IP in China. Sherlene Heng examines how the Family Law Court determines distribution of financial contributions post separation. Richard Ottley and Simon Obee pose the question, whether and in what circumstances can an employer stand down an employee without pay. Managing Partner, Mary Digiglio also shares her latest blog, 'Smart developers ride the slipstream of NSW's $73 billion infrastructure investment.'

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SWAAB CONNECT - MAY 2017

In our May 2017 edition, we celebrate James Skelton being announced finalist in both the Commercial and Intellectual Property categories of The Lawyers Weekly 30 Under 30 and acknowledge the firm signing The Law Society of NSW Advancement of Women Charter. Partner, Eric Ziehlke explores the rights you have to using your own name as commercial property, and Richard Ottley outlines when an employer is entitled to request employees undergo a medical examination. Angela Harvey and Esther Khoo examine the rules of intestacy that apply if you die without a will because even if you didn't plan one, everyone has an estate plan.

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SWAAB CONNECT - APRIL 2017

In this edition of Swaab Connect, we share images from the latest Ecosystem Leaders' Lunch which is now part of Spark Festival. Warwick Ryan's latest blog, asks, "'What becomes of the broken hearted?'"... and can and should employers care anyway? and examines what obligations an employer has when a workplace romance goes wrong. Our April edition also features '5 ways your step-child could claim on your estate,' written by Angela Harvey and Alexander Moddel and The first part of a 2 part series on Equity Crowd Source Funding by Michael Phillips. The edition concludes with a piece by Richard Ottley and Simon Obee on reasonable notice. The article looks at recent developments that could render reasonable notice claims obsolete.

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SWAAB CONNECT - MARCH 2017

In this month's Swaab Connect we share the latest blogs of Alistair Jaque and Warwick Ryan. Alistair highlights some of the key regulatory risks for Australian directors in 2017 and Warwick gives an honest look at how easy it is to lose a business 'without lifting a finger' if adequate post-employment restraint clauses aren't in place. Partner, Eric Ziehlke also considers a risk for directors - when they set up companies in competition against their original companies. Angela Harvey and Elizabeth Santifort provide 5 reasons why you might need to consider testamentary trusts in your will and Sherlene Heng and Amy Pun examine the importance of a contract when making decisions relating to reproductive services in their article, 'Thinking of starting a family? Written consent may be the way of the future'.

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SWAAB CONNECT - FEBRUARY 2017

In our first newsletter for 2017, we welcome Emma Fleming to the firm following her appointment as partner in the Property, Planning and Projects team. We also announce the launch of our new charity and not-for-profit establishment service. Partner, Angela Harvey and Graduate Solicitor, Alexander Moddel explore recent developments surrounding challenging a will under suspicious circumstances and Partner, Richard Ottley and Associate, Simon Obee examine the consequences of a recent Fair Work Commission decision in calculating redundancy payments. We wrap up the issue with a Family law article by Senior Associate, Sherlene Heng and Graduate Solicitor, Amy Pun assessing how the conduct of parties in a de facto relationship or marriage impacts financial settlements.

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Swaab Connect - November 2016

In the latest edition of Swaab Connect we share exciting promotions news for Cecilia Rose and Colin McFadzean as well as photos from the November Awesome Women's Dinner. Partner, Eric Ziehlke outlines the obligations marketers have in identifying, valuing, protecting and exploiting innovation and Associate, William Kontaxis shares his advice on how to sell your business, tax effectively. Finally, we share Partner, Warwick Ryan's blog on employment issues at Christmas. First published in 2015, the blog is a timely reminder with company celebrations just around the corner!

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SWAAB CONNECT - OCTOBER 2016

In this edition of Swaab Connect we share the latest from Spark Festival including photos from events hosted at the firm. Partner, Eric Ziehlke asks us to consider, who owns the intellectual property of your business? Partner, Angela Harvey and Graduate Solicitor Alexander Moddel advise how to go about getting an Advanced Care Directive and we delve into the archives and consider the Top 10 Tips for Landlord Leasing with an article written by solicitor Daniel Kentwell. Alistair Jaque has written another blog in which he shares his latest LinkedIn blog with some basic tips to consider if thinking of becoming a Company Director.

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SWAAB CONNECT - SEPTEMBER 2016

In the September edition of Swaab Connect, family law specialist, Sherlene Heng considers inheritances and prospective inheritances in light of separations and Eric Ziehlke examines whether the use of Google adwords could breach trade mark laws. Michael Phillips follows up his article from the August newsletter and looks into penalties in commercial contracts and we delve into the archives to an article on warnings in the workplace, originally published in 2013 this article continues to be one of our most popular.

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SWAAB CONNECT - AUGUST 2016

In this issue, Michael Phillips discusses penalties in contracts following a recent High Court judgement and Alistair Jaque shares his latest blog on the risks to avoid in post-merger integration. James Skelton highlights the importance of quality control provisions in sorting the geese from the turkeys in intellectually property protection and Sherlene Heng examines how family law treats the use of the most commonly used illegal drug in Australia, marijuana. We also share an Employment Law Matters article featuring Richard Ottley's recent interview on Work, Health and Safety and Warwick Ryan explores the question 'Do we have to do what we are paid to do?' The answer may surprise you.

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SWAAB CONNECT - JULY 2016

In this edition of Swaab Connect, Richard Ottley and Simon Obee share important Employment Law changes that came into effect July 1 and Alistair Jaque and Euge Power highlight how business will be impacted by recent ASX changes. Following the highly publicised case of Lionel Messi's tax evasion relating to his image rights James Skelton examines image rights in Australia and Sherlene Heng provides options and issues to consider when thinking about who pays the expenses during a separation.

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SWAAB CONNECT - JUNE 2016

In our June 2016 edition of Swaab Connect, Solicitor, James Skelton shares his learnings on brand protection and strategies following his attendance at the recent International Trademark Association (INTA) Annual Meeting in Orlando. Alistair Jaque and Euge Power review the abolition of certain taxes in NSW and Daniel Kentwell examines the what, how and why of put and call options providing considerations of how they may affect your property dealings. Richard Ottley and Simon Obee look at proceedings under the Fair Work Act and Warwick Ryan and Mary Digiglio share their latest blogs!

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SWAAB CONNECT - MAY 2016

In this issue Eric Ziehlke warns you must look before you leap when attacking IP infringers and Michael Phillips examines the upcoming tax incentives for investors in early stage companies. Richard Ottley discusses the perils of misleading prospective employees and Angela Harvey and Elizabeth Santifort advise care surrounding decisions of power of attorney. To wrap up the issue Edei Ledet examines a recent case in which Australian Consumer Law trumps Choice of Law and Sherlene Heng gives us the ABC's of child support.

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SWAAB CONNECT - APRIL 2016

In our April edition of Swaab Connect we share Managing Partner, Mary Digiglio's blog which introduces the firm's innovation strategy. Daniel Kentwell provides 10 top tips for Landlord Leasing and Geovanna Jammo looks at the 'news of the moment' international parental abduction. Angela Harvey and Elizabeth Santifort looks at who might need a statutory will and Greg Parker discusses what happens to a business when spouse split and options surrounding partial property settlements.

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Swaab Connect - March 2016

In this issue, Solicitor Euge Power enlightens us on recent changes that will affect the way small business can negotiate and contract with other businesses. In light of a recent case surrounding legal professional privilege, Partner Chris Shaw and Solicitor Nicholas Mark ask, can legal professional privilege be claimed over information prepared by in-house counsel? Partner Richard Ottley and Solicitor Simon Obee explore the need for employers and workplaces to be vigilant in the workplace or risk facing penalties, sometimes personal, while Partner, Warwick Ryan answers your questions surrounding termination of contingent workers. Solicitor Daniel Kentwell looks into the tightening of tax laws in relation to sale of property by foreign residents and we also examine the Family Law matters of how to sort out maintenance following relationship breakdowns as well as how parenting orders can change as circumstances do. After the glitter and glow of Mardi Gras, Senior Associate Geovanna Jammo looks at what the law currently says about same-sex relationships in Australia, from overseas same-sex marriages, to registering a same-sex relationship and same sex de facto relationships.

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Swaab Connect - February 2016

In this edition we farewell our founder Fredrick Swaab who lost his long battle with ill health and we celebrate his tremendous legacy. Marc Baddams describes how the playing field for small businesses in Australia is rapidly changing with new laws offering protection against unfair contracts. Dan Kentwell looks at new property laws impacting real estate agents who underquote and Tom Johnston updates us on the impact of the recent WADA code. Sherlene Heng examines 'future needs' factors in family law while Richard Ottley considers the future of procedural fairness in unfair dismissal claims. We wrap up this issue with a look by Anette Wilson at who gets parental gifts when marriages break down.

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Swaab Connect - December 2015

In this final newsletter for 2015, Richard Ottley reminds us that we need to keep it simple when it comes to the complicated matter of setting off an employee’s salary against Award entitlements. In light of recent international trade agreements, Eric Ziehlke recommends you apply the same precautions to your IP portfolio in overseas markets, as you do in Australia. We get a refresh from Alistair Jaque on the reverse takeover process. You never know when you might need the expertise, covering key steps, shareholder approval, director duties and regulation. When it comes to deceased estates and family provision claims, Angela Harvey warns that where there’s a will, there’s a relative! Warwick Ryan poses the question: “When is a contractor not a contractor?” An ABN may or may not be enough to establish a legitimate contracting relationship. Our property solicitor Daniel Kentwell reveals that the sun has set on sunset causes! And the game is heading into a fourth year, for AFL club Essendon, its 34 current and former players, and WADA. Will 2016 bring a result? We trust 2015 has been a good one for you. From all of us at Swaab Attorneys, we extend our compliments of the season and wish you a healthy and prosperous New Year.

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Swaab Connect - October 2015

In this issue, partner Eric Ziehlke provides a run-down of the methods business owners should be employing in order to make the most of their intellectual property and lawyer Adam Zwi considers whether small business should be protected from unfair contracts in the same way that consumers are. Liam Mulligan discusses the strata reforms and their potential impacts. We also examine how social media is admissible, and can be highly weighted both for and against your team in Family Law matters. Partner Warwick Ryan discusses the issues surrounding probation for an employer today – standard lengths of probation, how to extend this period and how to engage with staff to gain longer periods of consideration.

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Swaab Connect - August 2015

In this month's edition, we look at the recent Ashley Madison leak and the potential impact on families, set out some of the ways that a business can be socially responsible and answer the question whether you are liable for misleading information supplied by someone else. In addition, our employment law specialists highlight specific circumstances in which employers are not obliged to pay redundancy and explain whether you can sack a worker by text message.

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Swaab Connect - July 2015

In our July edition, we look at the legal concept of statutory wills, our family team explains why timing is crucial when going through a divorce and employment law specialist Warwick Ryan explains why behavioural guidelines are important at staff parties. The corporate team discuss how businesses can benefit from giving in the new Social Responsibility Series.

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Swaab Connect - June 2015

In our June edition, we look at recent developments following the delivery of the Abbott Government's second budget last month which will have a particular impact on Australian start-ups, explain on a recent case what you have to consider and risks involved when publishing comments about your business competitor and the commercial team provides three estate planning strategies to protect your assets and the best interest of your child if they lose their way and need to get back on track. In addition, employment law specialist Warwick Ryan explores what employers need to be aware of when deciding to pay staff bonuses.

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Swaab Connect - May 2015

In this edition, we look at new measures recently announced in the 2015 federal budget which will be welcomed by new 'start-up' businesses, discuss whether conditions on gifts should be placed in wills and highlight current policies and areas for improvements for concussion in sport, with a focus on Australian rugby codes. Our Family law team explains a recent case which might bring an end to wealthy husbands getting the lion's share in big money cases and Swaab's employment law specialists answer the question of when you can direct employees to undergo a medical examination.

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Swaab Connect - April 2015

In our April edition, we look at illegal downloaders who may feel nervous after the recent piracy landmark ruling handed down by the Federal Court, estate planning lessons from Hollywood as well as a recent case highlighted by the employment team which shows that Unions are not above the law. In addition, the second article in the corporate team's series on start-up businesses focusses on venture capital funding and the family law team provides tips for making parenting arrangements after separation.

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Swaab Connect - March 2015

In this edition, we look at what you need to look out for when considering funding a start-up to ensure you are sufficiently protected. Our employment team also discusses whether you can require an employee to provide medical evidence or attend a psychiatric examination as well as the issue of moonlighting employees and important reasons why employers need to know whether an employee is working elsewhere.

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Swaab Connect - February 2015

In this edition, our employment team discusses the issue of redundancy and if it is still a more convenient way of removing a difficult employee as well as the topic of swearing at a boss and if it is always a sackable offence. We also look at a recent case which deals with the circumstances in which a claim can be made by a person deprived of land by fraud. In addition, our family law team provides tips on what you can do to get the most out of the first meeting with your family lawyer.

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Swaab Connect - January 2015

The first edition of 2015 kicks off with a message from our Managing Partner, Mary Digiglio on what lies ahead for the year to come. The newsletter also looks at who really brings the game into disrepute if professional athletes misbehave in public, discusses what an employer can do when two staff members simply do not get on and highlights what landlords have to be aware of with regards to incentive claw-back provisions which may be deemed to be penalty clauses. In addition, the family law team explains what to look out for when choosing a divorce lawyer so you don’t get stuck with the wrong one.

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Swaab Connect - November 2014

In this edition our litigation team looks at whether builders owe a duty of care to Owners Corporations, if social media sites are the future to serve court documents and what steps should be taken by liquidators before proceeding with an examination in determining whether to bring court proceedings. In addition, construction partner Paul Brennan explains why good care should be taken when poking at an adjudicator's decision and our employment team highlights advantages of gardening leave, who can be directed to go on it and how you can protect your business interests.

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Swaab Connect - October 2014

In this edition we look at M&A trends in the food distribution industry, a recent dispute resolution case involving Isaac Regional Council and Civil Mining & Construction and the family law team explains the Collaborative Process - the out of court option when going through a divorce. In addition, the employment team highlights why honesty is the best policy for performance reviews and answers the question whether the Springboard principle can be applied to restrain a former employee.

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Swaab Connect - September 2014

In this edition, senior associate Susan Walsh looks at the recent celebrity photo hacking scandal and if the ALRC's proposed new privacy tort can be applied to this case and construction partner Paul Brennan explains why getting caught by the Security of Payment Act is likely when direct payments to subcontractors have been agreed. In addition, our employment team discusses a recent high court decision on whether in employment contracts, the common law of Australia implies a term of mutual trust and confidence and also asks the question if termination upon reasonable notice can still be implied into an employment contract.

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Swaab Connect - August 2014

In this edition, we look at a recently released public consultation paper about Online Copyright Infringement that could significantly change the legal landscape for ISPs and online content providers. Our employment team explains the balancing act for companies when receiving employee requests for flexible working arrangements, and discusses the danger of mixing the provision of legal advice and the carrying out of an investigation. Our family law team also introduces their new Separation Survival Kit which is aimed at providing people going through the difficulties of a relationship or marriage breakdown with important information that will put them back in control of their life.

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Swaab Connect - July 2014

In this edition we look at a recent decision of the High Court of Australia regarding the right of a liquidator to recover costs and expenses, we inform you of the matters which need to be addressed when seeking court approval for the remuneration of a provisional liquidator and our employment team highlights the importance of closely reviewing and assessing what an employee's actual earnings are when faced with a claim for unfair dismissal. In addition, we discuss recent ACCC enforcement actions that have focused on false credence claims in relation to food products and explain why vendors and lessors in the commercial property market should ensure that they have appropriate NABERS certification in place.

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Swaab Connect - June 2014

In this edition we look at how you can minimise disruptions through union visits in your workplace, Google's deletion rights and a recent case to remove links from its search results and what you need to know about consumer guarantees to ensure you avoid penalties and loss of corporate reputation. We also discuss the current and proposed new rules for paying dividends which may simplify processes and reduce compliance costs in your business.

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Swaab Connect April 2014

In this edition we explore the new compliance requirements for marketing directed at children and the recent developments in e-Conveyancing. In the employment space we look at how to avoid paying for employee non-work related injuries and a recent social media defamatory case. You can also find information on the workplace training approaches we offer for avoiding bullying, harassment and misconduct in the workplace.

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Swaab Connect March 2014

In this edition we look at de facto relationships and family law, the introduction of new requirements when selling a property with a pool and how to minimise risks in post merger integration. In the employment space we answer the following questions – can a change in required skills make an existent role redundant, and what is the role of the support person in a disciplinary meeting?

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Swaab Connect February 2014

In this edition we examine the new changes to Security of Payment legislation as well as a recent high court decision which confirmed liquidators of landlord companies can disclaim leases. In the employment space we look at why changing rosters just became more difficult for businesses and the recent controversial Comcare case which has drawn a line for workers' compensation claims. Our family law team also answers their most frequently asked questions about child support.

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Swaab Connect December 2013

In our final edition for 2013 we look to the New Year with the PPSR grace period ending 31 January 2014 and show you exactly why you should take perfection of your interests seriously. We explore the consequences of 3D printing for those in manufacturing as well as the consequences for employers who act against employees with family responsibilities. We also answer the most frequently asked questions about divorce and when you should consider getting a new will.

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Swaab Connect November 2013

In this edition we take a look at protecting business IP and data now that social media has truly entered the workplace, the new changes to Power of Attorney, the operation of privilege on advice given to a strata owners corporation and whether you can pay employees a lump sum amount that meets your award obligations.

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Swaab Connect October 2013

In this edition we take a look at recent developments in buying and selling businesses, estate planning and superannuation tips, top concerns for SME directors and advice for grandparents when their children are separating. We also discuss our recently implemented Thought Leadership program and the two initial reports to come out of it, on Staff Mobility & Data Protection and Social Media.

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Swaab Connect September 2013

In this edition we take a look at the Liberal Government's plan to improve the Fair Work Act, why employers should beware of acting against employees with family responsibilities and the approaching PPSA deadline. Also, our family law team provides you with a separation checklist and our estate planning team explains why you need a lawyer to write a will.

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Swaab Connect August 2013

In this edition we take a look at how to leave a legacy to charity in your will, sexually transmitted debt and what it means in the context of family law proceedings, and ask the important question – are your security interests in goods properly recorded on the PPSR? Additionally, in the employment space we discuss to what extent you can control the appearance of your employees and provide you with guidelines on warnings in the workplace.

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Swaab Connect July 2013

In this edition we focus on the employment space; taking a look at the increasing role social media plays in the workplace, the dos and don'ts when terminating employees and the responsibilities that come with hiring a worker who is not an Australian citizen. We also examine the benefits of pre-packaged insolvencies and take a look at the implications of relocating children after divorce.

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Swaab Connect June 2013

In this edition we take a look at the inquiry into construction industry insolvency's final report and recommendations, the NSW governments proposed changes to stamp duty in NSW and a recent corporate governance case covering directors' innocent mistakes. We also discuss tax evasion allegations in family law proceedings, workplace policies that have the force of contractual terms and the need for businesses to manage their responsibilities under the Spam Act.

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Swaab Connect May 2013

In this edition we look at how can an sme avoid business failure, hiring disabled employees, pre-packaged insolvencies and swearing at work, can it cost you your job?

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Swaab Connect April 2013

In this edition we look at ways to protect your brand online, Google's new AdWords policy and what it means for trade mark owners, entitlements accessible for employees having children and the three most important things you should do when first separating.

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Swaab Connect March 2013

In this edition we look at recognition of cross-border insolvencies in Australia, the recent changes to trade mark opposition periods, the Australian Government's new visas to incentivise foreign investment, the factors that determine whether an individual is an employee or contractor, the decision on Google's liability in relation to misleading or deceptive conduct via AdWords and long service leave entitlements.

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Swaab Connect February 2013

In this edition we look at why retailers must be careful not to mislead customers about the amount of money they are saving during advertised sales periods, the NSW Government's recent Inquiry into Construction Industry Insolvency, what makes redundancy genuine, when you should review your Will and what not to say in the office. You are also able to download our Business Acquisition Checklist.

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Swaab Connect December 2013

In this edition we discuss recent corporate law developments, a new cheaper online option for patent applications, tattoos in the workplace, employee rights when your employer becomes insolvent and what to do if your partner passes away without leaving a Will.

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Swaab Connect November 2012

In this edition we discuss surveillance in the workplace, new workplace laws, the recent Optus TV Now case and New Zealand's addition to the Madrid Protocol and the Singapore Treaty. We also answer important questions such as do social media campaigns need to comply with ad requirements? And who can make a claim against your Will? Our answers may surprise you!

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Swaab Connect September 2012

In this edition we discuss the recently released copyright and the digital economy issues paper, regulation of 'crowd funding', the recent High Court Barclay Decision and the importance of litigation document retention requirements as demonstrated in the Apple v Samsung case.

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Swaab Connect August 2012

In this edition we discuss outgoings - review of lettable area, the telecommunications consumer protection code, parental leave updates, following candidates or employees on social networking sites and the risk of possible reinstatement of employees who are subjected to adverse action.

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Swaab Connect July 2012

In this edition we discuss the publishing of winding up notices and how to avoid duplication of costs, dismissing employees on workers' compensation, redundancy and recent developments in transport regulation.

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Swaab Connect June 2012

In this edition we discuss how some caveats may compromise a mortgagee power of sale, changes to insolvency notices publication requirements, the new national business names register, enforcing trade restraints and the PPSA transition period.

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Swaab Connect May 2012

In this edition we discuss the overturning of Optus' win by the Full Federal Court, teething problems with the PPSR, iiNet's win in the copyright infringement case, changes to credit reporting, Google AdWords on trial for misleading or deceptive conduct and the introduction of Health and Safety Representatives to the workplace.

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Swaab Connect April 2012

In this edition we discuss obligations under the Civil Dispute Resolution Act 2011 (Cth), terminating a lease, the importance of appointing your Enduring Guardian and Enduring Power of Attorney, The new world of OH&S, calculating compensation claims in IP infringement cases and reform of Australian contract law.

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Swaab Connect March 2012

In this edition we discuss new ACCC guidelines to protect consumers of online dating sites from scammers, the Kleenmaid insolvent trading case and the consequences which can result from underpaying employees.

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Swaab Connect February 2012

In this edition we discuss retention of title under the PPSA, the Australian trade mark decision on "Nuckin Futs", why you need a will with testamentary trusts, terminating employees on sick leave, Optus' win over "near-live" broadcasts and ACCC cracking down on free range claims.

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Swaab Connect January 2012

In this edition we discuss how your business may be affected by the PPSA and what you need to do to protect your interests. We are also conducting a client service survey to check in with you on our performance over the last 12 months.

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Swaab Connect December 2011

In this edition we discuss minimising risks at end of year parties, corporate law changes in 2011, identification guide for New South Wales, extension of personal liability of directors, is your will valid and xxx domain names.

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Swaab Connect November 2011

In this edition we discuss registered trade mark rights, a decision by the New Zealand High Court regarding property development company Bridgecorp Group, relocation in family law and retail lease bonds and dispute resolution options.

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Swaab Connect October 2011

In this edition we discuss the new code for private equity funds, why Landlords and tenants need to be careful about incurring expenses before both parties are bound to the lease, the Australian Senate Committee's decision to reject a Bill that seeks to prevent the patenting of human genes and biological materials, parenting arrangements, protected industrial action and the protection of the Olympic brand.

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Swaab Connect September 2011

In this edition we discuss the delay in the commencement of New South Wales "reasonable steps" legislation, whether pre marital assets are treated differently to marital assets during property settlement, if a tenant can withdraw an exercise of an option under a lease, a recent decision of an employee succeeding in proving Unfair Dismissal but is left without a remedy and the new PPSA terminology.

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Association Memberships
Tristan Jepson Memorial Foundation
  • 2015 - Finalist Lawyers Weekly Women in Law Awards
  • 2015 - Finalist Lawyers Weekly Australian Law Awards - Employee program of the year