Latest publications
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’…
Workplace Health and Safety Compliance is not about the ‘Nanny State’
It is no surprise that some employees, employers and media commentators hold the view that many workplace health and safety measures are largely a manifestation of the so-called ‘Nanny State’, infantilising workers and undermining the concept of personal responsibility. For them, WHS is yet another battleground in the ongoing ‘culture wars’…
Family Law | Spouse maintenance: 10 frequently asked questions
What is spouse maintenance? Spouse maintenance is money that is paid by one party to a marriage or de facto relationship to the other party, to support them financially after separation. It can be paid as agreed between the parties, otherwise the Family Court can order payment either periodically (such as…
The Fair Work Commission Kicks Off Review of Casual Terms in Modern Awards
The Fair Work Commission has today issued directions programming its approach to reviewing and varying modern awards in light of amendments to the passage of the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021. The FWC has until 27 September 2021 to consider whether a “relevant term”…
Family Law | I want to relocate with my child — can I go?
Following separation, one of the parties may to want to move to another city or interstate. Sometimes this is triggered by an offer of employment; sometimes it is a desire to return to the parent’s own family, and at other times it might be just to get away from the old…