Latest publications
Construction contracts are more than just a document — remove contractual clauses at your peril
Your construction contract will map out the pathway to your building project completing on time and within budget and detailing how any losses and risks are handled. It is an essential tool in managing and shifting risk during the construction phase and importantly, lays out the rules if a dispute arises. The chances…
Federal Budget 2025: Limitation on Non-Compete Clauses
As part of the 2025 Federal Budget, the government has announced a prohibition on non-compete clauses for employees earning less than the high income threshold (presently $175,000 per annum). It is planned that the change will take effect in 2027. There is nothing for employers to do at the moment, although both business…
FWC Sets Bar High for Policy Changes
In the recent unfair dismissal decision of Craig Hancock v Sydney International Container Terminals Pty Limited [2025] FWC 516, Deputy President Wright of the Fair Work Commission (FWC) set the bar high for employers wanting to rely upon policies, or changes to policies, to terminate employment, even when those policies relate to…
When is a loan really an Option Fee? And when is an Option a Contract?
It certainly is not news to those of us who deal in the property development space that Revenue NSW now imposes transfer duty (or for those of us who have come from the old school – stamp duty) on the grant of an option to purchase. These laws also impose…
Dismissal and Damages for Psychiatric Injury: A Contractual Trap
In the recent decision of Elisha v Vision Australia Ltd [2024] HCA 50 the High Court of Australia held that damages for psychiatric injury were available to an employee in circumstances where the injury arises from the manner of the employee’s dismissal. In this case the employee was awarded close to $1.…
Valentine’s Day in the Workplace (2025 Edition)
Valentine’s Day, the celebration of romance and romantic love, takes place annually on February 14.While many assiduously avoid what they consider to be a crass commercialisation of intimate relationships, other embrace with relish the opportunities it presents to either affirm or pursue romance,A few years ago, extensive media coverage (usually with accompanying commentary…
The Employment Reality of TV Fame (2025 Edition)
Reality television shows thrive on intrigue and drama. A key component of successful reality TV shows is the contestant viewers love to hate; the villain who, for a brief period of time, becomes Public Enemy No. 1. Of course, being cast in that light on a TV show can damage the reputation of…
Australia Day Substitution: The Legal Issues (2025 Edition)
It has been reported that some of the largest employers in Australia, including Telstra, Commonwealth Bank and AustralianSuper, are giving employees the option of working on Australia Day (January 26) and taking that public holiday at another time. This development in recent years has arisen from both a general trend towards flexibility in…
Validity, voidability and unenforceability in contract law
If you have entered into a contract, you or the other party have drafted without legal assistance, you should consider some of the unintended serious consequences that can arise, including where a contract or a term in a contract is void, voidable or unenforceable. There are differences between validity, voidability and unenforceability. This article…
Navigating Priority Disputes under the PPSR: Pathways and considerations for Secured Parties
The Personal Property Securities Register (PPSR) serves as a vital framework for establishing and protecting interests in personal property in Australia. However, disputes regarding priorities under the PPSR can lead secured parties into complex administrative and judicial review processes. The resolution options available under the Personal Property Securities Act 2009 (PPS…