Latest publications
The implications of implying a term of reasonable notice
In a decision that demonstrates the need for employment contracts to clearly specify a term for notice of termination, Judge Obradovic in the Federal Circuit Court case, McAlister v Yara Australia Pty Ltd [2021] FCCA 1409, has implied a term of 9 months’ notice into an employee’s employment contract. Background The applicant had worked for her employer…
Government Introduces Bill in Response to Landmark AHRC Respect@Work Report
The Federal Government has introduced the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (the Bill) in response to the Respect@Work Report (the Report) presented to the Government by the Sex Discrimination Commissioner, Kate Jenkins, in March last year. As part of its ‘Roadmap for Respect’ initiative…
Changes to the Building and Construction Industry Security of Payment Act 1999
Residential home building work carried out by a home builder for an owner occupier homeowner has (until very recently as noted below) always been exempt from the security of payment régime in New South Wales. However, since 1 March 2021 residential builders have been able to resort to the Building and Construction Industry…
Family Law | Draft law puts the spotlight on super
Superannuation is in the Family Law spotlight with the announcement of a new information-sharing proposal involving the Australian Tax Office (ATO). New Federal Government legislation, if passed, will allow a party to Family Court proceedings to apply to the Court for access to ATO information about a former partner’s superannuation interests. It would…
Deliveroo case delivers more uncertainty for the status of gig economy workers
In a decision that further muddies the waters regarding when a worker will be considered an employee for the purpose of accessing statutory entitlements and, in this case, the unfair dismissal régime, the FWC in the decision of Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818, has made a finding that a Deliveroo delivery…
Family Law | What is Superannuation Splitting in Family Law?
When couples separate, there is often confusion about whether superannuation becomes part of the property pool to be divided. The short answer is yes. Superannuation has always been seen as a different kind of asset to, for example, the matrimonial home. However changes to the law in 2002 allow the Family Court to…
Mandatory Workplace Vaccination: The Current State of Play
As the Covid-19 vaccination process slowly but surely proceeds, the issue of mandatory workplace Covid-19 vaccination is increasingly coming under consideration. Two recent Fair Work Commission (FWC) unfair dismissal cases, relating to refusals by employees to have flu vaccinations, offer some useful insights into the approach that will likely be…
Family Law | Relationship breakdown: how do we sort out maintenance?
Working out how the everyday expenses will be met is one of the biggest challenges for people when they separate from a relationship. Worrying about how to manage short-term finances can result in parties trying to delay separation because one or both parties cannot imagine how they will be able to…
Family Law | Top 5 ‘Did you knows’ about getting a divorce
1/ Did you know that you do not actually need the consent of your former spouse to get a divorce? In New South Wales, you can apply for a divorce together (with your former spouse) or by yourself (sole application). There are different obligations in each case particularly with respect to service so…
Family Law | It’s mine, I got it after we broke up
In family law disputes it is a common misconception that an inheritance or other large sum received after separation will not be included in the property pool to be divided between the parties. The issue has been highlighted in many cases before the Family Court including inheritances, lottery wins and other ‘windfalls’…