Latest publications
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’…
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…